Mijanur Rahman @ Md. Mizanur Rahman vs The State Of Assam And Anr
2024 Latest Caselaw 8017 Gua

Gauhati High Court

Mijanur Rahman @ Md. Mizanur Rahman vs The State Of Assam And Anr on 4 November, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                             Page No.# 1/4

GAHC010122902024




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

                         Linked Case : I.A.(Crl.)/643/2024

          MIJANUR RAHMAN @ MD. MIZANUR RAHMAN
          S/O HUSSAIN ALI
          R/O NO. 2 SALABILA
          P.S.- MANIKPUR
          DIST.- BONGAIGAON (ASSAM).


           VERSUS

          THE STATE OF ASSAM AND ANR.
          TO BE REP. BY THE P.P.
          ASSAM.

          2:ANJUMA KHATUN
          W/O RAKIBUL ALOM

          R/O NO. 2 SALABITA
          P.S.- MANIKPUR
          DIST.- BONGAIGAON (ASSAM)
          PIN-
          ------------
          Advocate for : MR H R A CHOUDHURY
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.

                          In Crl.A./217/2024

          MIJANUR RAHMAN @ MD. MIZANUR RAHMAN
          S/O HUSSAIN ALI

          R/O NO. 2 SALABILA
          P.S.- MANIKPUR
          DIST.- BONGAIGAON (ASSAM).
                                                           Page No.# 2/4

 VERSUS

THE STATE OF ASSAM AND ANR.
TO BE REP. BY THE P.P.
ASSAM.

2:ANJUMA KHATUN
W/O RAKIBUL ALOM

R/O NO. 2 SALABITA
P.S.- MANIKPUR
DIST.- BONGAIGAON (ASSAM)
PIN-
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.

                 with I.A.(Crl.)/613/2024

JAHIRUL ISLAM @ JAHURUL ISLAM
S/O SAYED ALI @ CHAYED ALI
 VILL.- NO. 2 BALABITA
 P.S.- MANIKPUR
 DIST.- BONGAIGAON
 ASSAM.


 VERSUS

THE STATE OF ASSAM
REP. BY THE P.P.
ASSAM.


------------
Advocate for : MR. B CHOWDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM



                 in Case No. : Crl.A./207/2024

JAHIRUL ISLAM @ JAHURUL ISLAM
S/O SAYED ALI @ CHAYED ALI,
VILL.- NO. 2 BALABITA, P.S.- MANIKPUR, DIST.- BONGAIGAON, ASSAM.
                                                                                     Page No.# 3/4



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE P.P., ASSAM.



Advocate for the Petitioner   : MR. B CHOWDHURY,

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : 04.11.2024

Heard Mr. B. Chowdhury and Mr. A. Ahmed, learned counsel appearing for the applicants as well as Mr. R. J. Baruah, learned Additional P.P. for the State of Assam.

2. Both these applications are filed under Section 389 of the of the Code of Criminal Procedure praying for suspension of sentence and for releasing the applicants on bail, who were convicted vide the judgment dated 20.05.2024 passed by the learned Assistant Sessions Judge, Bongaigaon, Assam in Sessions Case No. 80(M)/2022. Both of them were convicted under Section 376 of the Indian Penal Code.

3. Mr. Ahmed submits that no charge u/s 376 of the Indian Penal Code was framed against the applicant, Mijanur Rahman @ Md. Mizanur Rahman but he was convicted u/s 341/506 with the aid of Section 109 of the Indian Penal Code.

4. Mr. Chowdhury submits that though the victim was dragged to a paddy field, she did not sustained any injuries.

5. Mr. Baruah submits that Inamul Hussain was an eye witness to the said occurrence and he was not allowed to go by the petitioner, Mijanur Rahman and therefore, he could not go with the victim to help her.

Page No.# 4/4

6. Mr. Baruah has objected to these interlocutory applications.

7. I have gone through the judgment passed by the learned trial court.

8. This Court is of the opinion that at this stage both the applicants deserve to be released on bail.

9. For the aforesaid reason, it is hereby directed that till the connected appeals are disposed of, the sentence imposed upon the applicants vide the judgment dated 20.05.2024 passed by the learned Assistant Sessions Judge, Bongaigaon, Assam in Sessions Case No. 80(M)/2024 shall remain suspended.

10. The applicants, Md. Jahirul Islam @ Jahurul Islam and Mijanur Rahman @ Md. Mizanur Rahman shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned trial court.

11. Both the interlocutory applications are disposed of

JUDGE

Comparing Assistant