Md Safiqul Islam vs The State Of Assam And Anr
2025 Latest Caselaw 3034 Gua

Gauhati High Court

Md Safiqul Islam vs The State Of Assam And Anr on 11 February, 2025

Author: S.K. Medhi

Bench: Sanjay Kumar Medhi

                                                                        Page No.# 1/2

GAHC010006392015




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

                                  Case No. : Crl.A./85/2020

             MD SAFIQUL ISLAM
             S/O LT. OSIM UDDIN, RESIDENT OF SARURADHA ATI, P.S- DHING, DIST-
             NAGAON, ASSAM

             VERSUS

             THE STATE OF ASSAM and ANR
             ASSAM

             2:JAKIR HUSSAIN @ JALIL
              S/O LT. HAIDAR ALI
              RESIDENT OF SARURADHA ATI
              P.S- DHING
              DIST- NAGAON
             ASSA

Advocate for the Petitioner   : MR.A SARMA, MR.R DE,MR S CHOUDHURY,MR. R J SARMA

Advocate for the Respondent : PP, ASSAM, ,,MR. V A CHOWDHURY,MR. D K BAIDYA,MS. C
CHOUDHURY,MR. D GOGOI,MR. A M BORA


                                     BEFORE
                    HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                  HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

11.02.2025 (S.K. Medhi, J) Heard Shri R. De, learned counsel for the appellant.

Also heard Shri A.M. Bora, learned Senior Counsel assisted by Shri V.A. Page No.# 2/2

Choudhury, learned counsel as well as Ms. S. Jahan, learned Addl. Public Prosecutor, Assam.

At the outset, Shri Bora, the learned Senior Counsel has contended that the trial was against 5 nos. of accused persons in which by the impugned judgment, 4 of the accused persons were convicted and one was acquitted. So far as the conviction is concerned, there were two appeals filed namely, Criminal Appeal No. 234/2015 and 283/2015 and those appeals were allowed vide a common judgment and order dated 04.09.2018. He has submitted that since the impugned judgment was set aside, there may not be any requirement to hear the present appeal as the judgment as a whole has been set aside.

The copy of the judgment and order dated 04.09.2018 has been placed before us which we have gone through. Apart from the fact the interference of the Court vide the aforesaid judgment was with regard to the 'conviction' which was the subject matter of challenge in Criminal Appeal No. 234/2015 and 283/2015, we are of the opinion that the same cannot be deemed to be a decision of the appellate court on the present appeal which has been filed against an order of acquittal. Therefore, the appeal will be heard on its own merits.

At this stage, Shri Bora, the learned Senior Counsel submits that he may be granted some time and a date be fixed for hearing.

In view of the above and as requested, list this matter on 20.02.2025.

                                       JUDGE                     JUDGE

Comparing Assistant