Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 13 August, 2024
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010240992023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1027/2023
in
Crl. Appl. No. 395/2023
ROHAM ALI AND 2 ORS.
S/O LATE INNAS ALI
RESIDENT OF BHADAIPARA
PS ABHAYAPURI
DIST BONGAIGAON
ASSAM
2: SARBESH ALI @ SARAB
S/O HASMAT ALI
RESIDENT OF BHADAIPARA
PS ABHAYAPURI
DIST BONGAIGAON
ASSAM
3: BADSHA MIA
S/O LATE SURUTZZAMAL
RESIDENT OF BHADAIPARA
PS ABHAYAPURI
DIST BONGAIGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP ASSAM
2:JAHURA KHATUN
W/O HARMUJ ALI
RESIDENT OF VILLAGE BHERALIPRA PART I
PS MERERCHAR
DIST BONGAIGAON
ASSAM
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Advocate for : MR H R A CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
13-08-2024
Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. A. Ahmed, learned
counsel for the applicants and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for
the opposite party No.1.
2. Finding them guilty, the learned Additional Sessions Judge (FTC), North Salmara,
Abhayapuri by its Judgment dated 18.09.2023 passed in Sessions Case No. 42(A) of 2016,
arising out of Abhayapuri Police Station Case No. 354/2015 convicted the applicants, namely
(i) Roham Ali, son of Late Innas Ali; (ii) Sarbesh Ali @ Sarab, son of Hasmat Ali and (iii)
Badsha Mia, son of Late Surutzzamalunder under Sections 326/34 of the IPC and by Order
dated 20.09.2023 passed in the said Sessions Case, sentenced each of them to undergo
Rigorous Imprisonment for 10(ten) years each with a fine of Rs. 50,000/- (Rupees
FiftyThousand) each, in default of payment of fine, to undergo Simple Imprisonment for
another 2(two) years, setting off the period of detention already undergone by them under
Section 428 Cr.P.C.
3. Aggrieved with the said Judgment of Conviction dated 18.09.2023 and Sentence dated
20.09.2023, noted above, the applicants/convicted accused persons as appellants preferred
the connected statutory appeal under Section 374(2) of the Cr.P.C. on 17.10.2023 being
Criminal Appeal No. 395 of 2023 that was admitted for hearing by order dated 17.11.2023.
4. By this interlocutory application, the applicants/appellants/convicted accused persons
have prayed for suspension of the sentence dated 20.09.2023 passed by the learned
Additional Sessions Judge (FTC), North Salmara, Abhayapuri in said Sessions Case No. 42 (A)
of 2016 as well as for their bail during pendency of the connected appeal filed by them in
said Sessions Case No. 42(A)/2016 that has already been admitted and stated that during the
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trial of the said sessions case they were on bail.
5. It is seen from the records of the case that the applicants/ appellants/convicted
accused persons namely, (i) Roham Ali and (ii) Sarbesh Ali @ Sarab were arrested in the case
on 17.01.2016 and later released on bail on 02.03.2016 pursuant to the order of this Court
dated 29.02.2016 passed in BA No. 160/2016. The third applicant/appellant/convicted
accused Badsha Miya was arrested in the case on 15.03.2016 and later released on bail on
04.10.2016 pursuant to the order of this Court dated 29.09.2016 passed in BA No.
1099/2016.
6. All the three applicants/appellants/convicted accused persons are now in custody since
18.09.2023 in said Sessions Case No. 42(A)/2016 and since 20.09.2023 are serving the
sentence in terms of the impugned Judgment of Conviction dated 18.09.2023 and Sentence
dated 20.09.2023 passed in said Sessions Case No. 42(A)/2016, noted above.
7. In that manner the applicants/appellants namely, (i) Roham Ali and (ii) Sarbesh Ali @
Sarab are in detention in said case Sessions Case No. 42(A)2016 for about 374 days (just
above one year) till date, whereas, the third applicant/appellant, namely, Badsha Miya is in
detention in the said Sessions Case for about 502 days (about one year five months).
8. The State respondent has filed affidavit objecting suspension of sentence and granting
bail to the applicants/appellants/convicted accused persons for their involvement in the case
stating that the victim sustained grievous injuries on his person in the incident involved in the
case, stating further that the assault was so brutal that the victim sustained injuries with
traumatic amputation on his left 5th finger, partial amputation on his left 4th finger and incised
wounds on left 3rd finger, left forearm, forehead frontal region and right leg.
9. On the other hand, Mr. Choudhury, learned Senior Counsel for the
applicants/appellants/convicted accused persons by placing the evidence of the prosecution
witness No.8, concerned Investigating Officer of the case submitted that there are sufficient
contradictions regarding involvement of the accused person in the case. However, Mr. B.
Sarma, learned Additional Public Prosecutor, Assam objected to it and submitted that the
prosecution proved the case against the applicants/convicted accused persons.
10. Submissions of the learned counsels for the parties have been considered and also
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perused the records of the case including the evidence of the witnesses recorded by the
learned Trial Court.
11. After such consideration the prayer for bail of the applicant/ appellant/convicted
accused, namely, Roham Ali in the case stands rejected at this stage.
12. However, with regard to the applicants/appellants/convicted accused persons, namely,
(i) Sarbesh Ali @ Sarab, son of Hasmat Ali and (ii) Badsha Mia, son of Late Surutzzamal, on
consideration of the materials, the sentence imposed upon them by the impugned Judgment
of Conviction dated 18.09.2023 and Sentence dated 20.09.2023 passed by learned Additional
Sessions Judge (FTC), North Salmara, Abhayapuri in said Sessions Case No. 42(A)/2016 is
suspended until further order.
13. Accordingly, it is directed that the applicants/appellants/convicted accused persons,
namely, (i) Sarbesh Ali @ Sarab and (ii) Badsha Mia, be released on bail on furnishing a
bail bond of Rs. 50,000/- (Rupees Fifty Thousand) each, with 02 (two) local sureties each, of
the like amount to the satisfaction of the learned Additional Sessions Judge (FTC), North
Salmara, Abhayapuri, to be furnished by those two applicants/appellants/convicted accused
persons, as per the terms and conditions that may be imposed by the learned Additional
Sessions Judge (FTC), North Salmara, Abhayapuri, securing their presence before the said
Court whenever they are required in connection with said Sessions Case No. 42(A)/2016
arising out of Abhayapuri Police Station Case No. 354/2015.
14. With the above observations and directions, this Interlocutory Application stands partly
allowed.
JUDGE
Comparing Assistant
