Gauhati High Court
Md. Fazar Ali vs The State Of Assam And Anr on 4 February, 2025
Author: S. Saikia
Bench: Soumitra Saikia
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GAHC010009722024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/97/2024
MD. FAZAR ALI
S/O LATE KURJAT ALI, R/O KACHOMARI UNDER JAMUGURI POLICE
STATION, IN THE DISTRICT OF SONITPUR, PIN- 784280, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P., ASSAM.
2:MD. ABDUL BASAR
S/O MD. ABDUL KHALEQ
R/O PANPUR
KAOMARI
UNDER JAMUGURI POLICE STATION
IN THE DISTRICT OF SONITPUR
PIN- 784280
ASSAM
Advocate for the Petitioner : MR. A K BHUYAN, MS. N CHOUDHURY,MR. M BORAH,MS B
BORA,MR. A KHOUND,MR A TALUKDAR,MR J DAS
Advocate for the Respondent : PP, ASSAM,
Linked Case : Crl.A./30/2024
MD. FAZAR ALI
S/O LATE KURJAT ALI
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R/O KACHOMARI UNDER JAMUGURI POLICE STATION
IN THE DISTRICT OF SONITPUR
PIN- 784280
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
2:MD. ABDUL BASAR
S/O MD. ABDUL KHALEQ
R/O PANPUR
KAOMARI
UNDER JAMUGURI POLICE STATION
IN THE DISTRICT OF SONITPUR
PIN- 784280
ASSAM.
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Advocate for :
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 04.02.2025
(S. Saikia, J)
Heard Mr. P.K. Deka, learned counsel appearing for the
applicant/appellant. Also heard Ms. B. Bhuyan, learned Additional Public
Prosecutor appearing for the respondent State and Mr. M.H. Choudhury, learned
counsel for the respondent No. 2/informant.
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2. This interlocutory application has been filed praying for suspension of the
sentence of the applicant/appellant imposed by the Trial Court vide the
judgment and order dated 22.12.2023 passed by the learned Sessions Judge,
Sonitpur at Tezpur in Sessions Case No. 105/2012 under Section 302 of the
Indian Penal Code, 1860.
3. One of the grounds urged before this Court is that the applicant/appellant
is about 73 (seventy three) years old and is suffering from various ailments and
therefore, considering his age and health condition, the applicant/appellant
should be released by suspending the sentence imposed by the Trial Court.
4. The State has already filed their objections.
5. It is also seen that in the accompanying criminal appeal being Criminal
Appeal No. 30/2024 filed by the applicant as the appellant against the said
judgment and order, there is already a direction to the Registry to prepare the
paper book. The paper book however, has not been prepared.
6. Also Mr. M.H. Choudhury, learned counsel appearing for the respondent
No. 2/informant has submitted before this Court that vide the impugned
judgment in the present Criminal Appeal besides the applicant there were six
other co-accused who were acquitted by the said judgment and order and
against the said acquittal he, i.e., the informant has preferred an appeal against
the acquittal. The Appeal is stated to have been filed on 12.11.2024. He,
therefore, submits that this appeal should also be directed to be listed together
for hearing.
7. Having heard learned counsel for the parties, at this stage this Court is of
the view that a detailed medical report be called for from the jail authorities in
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respect of the present status of health condition of the applicant/appellant Md.
Fazar Ali who is currently undergoing sentence at the Tezpur Central Jail of
Sonitpur district.
8. The jail authorities will arrange for proper medical examination of the
applicant and thereafter, a detailed report be placed before the Court through
the Office of the learned Additional Public Prosecutor indicating the status of the
health and/or the ailments stated to have been suffered by the
applicant/appellant
9. List this matter on 25.02.2025.
JUDGE JUDGE
Comparing Assistant
