Md Nurjamal @ Dilwar vs The State Of Assam And 2 Ors
2023 Latest Caselaw 3559 Gua

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GAHC010194592023




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : I.A.(Crl.)/813/2023




         MD NURJAMAL @ DILWAR
         S/O LATE HUSSAIN ALI R/O VILL- GULESTAN PATTI P.S. MIKIRBHETA
         POLICE STATION DIST. MORIGAON
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND 2 ORS.
         REP. BY THE LD. PP
         ASSAM

         2:MD. HAIDOR ALI
         SON OF MD. HAFIJ UDDIN AHMED R/O VILL- BESAMARI P.S. DHING
          DIST. NAGAON
          ASSAM PIN-782123
          3:MUSSTT. MOMTAZ BEGUM
         (VICTIM) W/O MD. ABDUL RASID R/O VILL- BESAMARI P.S. DHING DIST.
         NAGAON
          ASSAM PIN- 782123
          ------------
          Advocate for : MR D K DAS
         Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.
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                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                 ORDER

07.09.2023

Heard Mr. D. K. Das, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

2. This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for suspension of sentence and to allow the accused/applicant to remain on previous bail.

3. It is stated that vide Judgment and Order dated 28.05.2018, passed by the learned Assistant Judge, Morigaon, in connection with Sessions Case No. 21/2017 (GR Case No. 2302/2017) convicted the accused/petitioner under Sections 341/326 of IPC and sentenced him to pay fine of Rs.500/- under Section 341 of IPC in default, to undergo SI for 7 days and rigorous imprisonment for 3 years and also to pay fine of Rs.50,000/- in default, to undergo SI for 6 months for Section 326 of IPC.

4. Further, the Judgment and Order dated 03.08.2023 passed by the learned Sessions Judge, Morigaon in Criminal Appeal No.16/2018 upholding the sentence for the offence under Section 341 IPC and modified the conviction and sentence of 326 of IPC and convicted the accused petitioner under Section 324 of IPC instead of 326 of IPC and sentenced him to under rigorious imprisonment for 2(two) years and fine of Rs.5000/- in default simple imprisonment for a period of one month.

5. The learned counsel for the applicant, Mr. D. K. Das has submitted that during the Trial before the learned Trial Court as well as before the Appellate Page No.# 3/3

Court, the present applicant had never jumped over any of the bail conditions. He also submitted that the applicant is a permanent resident of Morigaon District, Assam and there is no chance of absconding. Thus, the applicant has prayed for, to allow him to remain on previous bail.

6. In this context, the learned Additional Public Prosecutor, Mr. P. Borthakur, has submitted that the petitioner has been convicted under Section 324 of IPC and sentence to undergo rigorous imprisonment for 2 years and thus, he raised no objection in allowing the accused/applicant to remain on previous bail.

7. After hearing the submissions made by the learned counsels of both sides and also considering the entire aspects of the case, nature of allegation as well as the conduct of the accused/applicant, I find it a fit case to allow the accused/applicant to remain on previous bail till disposal of the connected appeal by suspending the sentence imposed on him vide Judgment and Order dated 03.08.2023 passed by the learned Sessions Judge, Morigaon.

8. In terms of above, this interlocutory application stands disposed of.

JUDGE

Comparing Assistant