Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 1 May, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010069592024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/375/2024
ABDUL HAI MONDAL @ ABDUL HAI AND 9 ORS.
S/O MAHAJAN MONDAL
R/O SALMARA PT. VII
P.O.- JHARNERCHAR
P.S.- SOUTH SALMARA
DIST.- DHUBRI
ASSAM.
2: BATEN ALI @ BATEN ALI MOLLAH
S/O NOWSHAD ALI MOLLAH
R/O SALMARA PT. VII
P.O.- BONDIHANA
P.S.- SOUTH SALMARA
DIST.- DHUBRI
ASSAM.
3: NOTUB ALI MONDAL @ LATIF ALI @ NATUB ALI
S/O MAHAJAN MONDAL
R/O SALMARA PT. VII
P.O.- BONDIHANA
P.S.- SOUTH SALMARA
DIST.- DHUBRI
ASSAM.
4: MOTIOR RAHMAN @ MATIOR RAHMAN @ MOTIBAR MONDAL
S/O MAHAJAN MONDAL
R/O SALMARA PT. VII
P.S.- SOUTH SALMARA
DIST.- DHUBRI
ASSAM.
5: AFZAL HOQUE @ AFJAL HOQUE MONDAL
S/O KOMAR MONDAL
R/O SALMARA PT. VII
Page No.# 2/4
P.O.- JHARNERCHAR
P.S.- SOUTH SALMARA
DIST.- DHUBRI
ASSAM.
6: AIZAL HOQUE @ AJIJUL @ AKARAN ALI
S/O KOMAR MONDAL
R/O SALMARA PT. VII
P.S.- SOUTH SALMARA
DIST.- DHUBRI
ASSAM.
7: HASEN ALI
S/O NATUB ALI
R/O SALMARA PT. VII
P.O.- BONDIHANA
P.S.- SOUTH SALMARA
DIST.- DHUBRI
ASSAM.
8: MAJID ALI @ ABDUL MAJID SHEIKH
S/O MOYNAL HOQUE
R/O SALMARA PT. V
P.O.- BONDIHANA
P.S.- SOUTH SALMARA
DIST.- DHUBRI
ASSAM.
9: MOKSED ALI @ MAKSHED ALI
S/O MOYNAL HOQUE
R/O SALMARA PT. V
P.S.- SOUTH SALMARA
DIST.- DHUBRI
ASSAM.
10: ADAM ALI @ ADOM ALI MOLLAH
S/O NOWSAD ALI MOLLAH
R/O SALMARA PT. VII
P.S.- SOUTH SALMARA
DIST.- DHUBRI
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
Page No.# 3/4
2:MD. SHAHJAHAN ALI
S/O ABDUL MAZID
R/O SALMARA PT. VIII
P.S.- SOUTH SALMARA
DIST.- DHUBRI (ASSAM)
PIN- 783349.
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Advocate for : MR. B K MAHAJAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
01.05.2024
[M. Choudhury, J.]
Heard Mr. D. Bora, learned counsel for the applicant-appellants and Ms. S. Jahan, learned
Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam.
The instant interlocutory application under Section 389, Code of Criminal Procedure, 1983
is preferred by the applicants-appellants for seeking suspension of execution of the sentence
passed against the applicant-appellants and for their release on bail.
The applicants as the appellants have preferred the connected appeal, Criminal Appeal No.
112/2024. The criminal appeal has been preferred against a Judgment and Order dated
02.03.2024 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 38/2009. By
the said Judgment and Order dated 02.03.2024, the applicants-appellants have been
convicted for the offences under Section 326 read with Section 149, Indian Penal Code [IPC]
and under Section 302 read with Section 149, IPC. For the offence under Section 326 r/w
Section 149 of the IPC, the applicants-appellants have been sentenced to undergo rigorous
imprisonment for 3 [three] years each and to pay a fine of Rs. 2,000/- each, in default of
payment of fine, to undergo further rigorous imprisonment for 2 [two] months each. For the
offence under Section 302 r/w Section 149, IPC, the applicants-appellants have been
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sentenced to undergo rigorous imprisonment for life each and to pay a fine of Rs. 5,000/-
each, in default of payment of fine, to undergo further rigorous imprisonment for 6 [six]
months each. Both the sentences are ordered to run concurrently.
Issue notice, returnable in 4 [four] weeks.
As Ms. Jahan, learned Additional Public Prosecutor, Assam has appeared and accepted
notice on behalf of the opposite party-respondent no. 1, State of Assam, issuance of formal
notice to the opposite party-respondent no. 1 is dispensed with.
The applicants-appellants shall take steps upon the opposite party-respondent no. 2, by
registered post with A/D as well as by usual process, within 3 [three] working days.
The prayer for suspension of execution of sentence will be considered on the receipt of the
case records from the learned trial court.
List the case after 4 [four] weeks.
The learned Additional Public Prosecutor may file objection to the instant interlocutory
application on or before returnable date, if so advised.
JUDGE JUDGE
Comparing Assistant
