Ayub Mamun @ Ayub Mamon @ Mun vs The State Of Assam And Anr
2025 Latest Caselaw 3318 Gua

Gauhati High Court

Ayub Mamun @ Ayub Mamon @ Mun vs The State Of Assam And Anr on 19 February, 2025

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GAHC010118412023




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

                           Case No. : I.A.(Crl.)/460/2023


         AYUB MAMUN @ AYUB MAMON @ MUN
         S/O ABDUL WAHED
         R/O GUNIALGURI
         P.S.- KALGACHIA
         DIST.- BARPETA (ASSAM).


          VERSUS

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

         2:AFAZ UDDIN
         S/O LATE ABDUL SATTAR

         R/O BHALIKI (BALABHITA)

         P.O.- BALABHITA

         P.S.- BARPETA ROAD

         DIST.- BARPETA (ASSAM)
         PIN- 781319.
         ------------
         Advocate for : MR H R A CHOUDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 19.02.2025

1. Heard Mr. A Ahmed, the learned counsel for the applicant. Also heard Mr. P. S. Lahkar, the learned Additional Public Prosecutor for the State respondent.

2. This application under Section 389 of the Code of Criminal Procedure, 1973, has been filed by the applicant, Ayub Mamun @ Ayub Mamon @ Mun, praying for suspension of the sentence imposed on the applicant by the judgment and order dated 22.05.2023, passed by the Court of learned Additional Sessions Judge (FTC), Barpeta in Sessions Case No. 232/2021, whereby the applicant was convicted under Section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 10,000/-, in default of simple imprisonment of 6 months.

3. the learned counsel for the applicant has submitted that the aforesaid judgment has been impugned by the present applicant by filing the Criminal Appeal No. 196/2023.

4. the learned counsel for the applicant has submitted that the petitioner has a fair chance of getting a favorable order in the connected appeal.

5. the learned counsel for the applicant further submitted that in arriving at conclusion of the guilt the Trial Court mainly relied on the testimony of the PW-4 whose main deposition was to the effect that the petitioner is having an extra marital affair with some other lady.

6. the learned counsel for the applicant has submitted that there is nothing else which would indicated that there was any abetment or conspiracy Page No.# 3/4

on the part of the present petitioner for force his wife to commit suicide.

7. The learned counsel for the applicant has further submitted that the applicant has already undergone 1 year 9 months of the sentence imposed him and he has a child of aged about 3 years who is without the care and protection of the parents.

8. On the other hand, the learned Additional Public Prosecutor has submitted that there are incriminating materials in the records against the applicant.

9. He further submits that there is any unlikelihood of the applicant getting a favorable order in the connected appeal and that the trial Court has correctly arrived at the conclusion of guilt of the present petitioner.

10. I have considered the submissions made by the learned counsel for the applicant as well as the learned Additional Public Prosecutor and have perused the materials on record.

11. Since, it is unlikelihood that the connected appeal would be heard very soon considering the pendency of the criminal appeals in this Court and it also appears that if ultimately, the petitioner is found to be innocent and his appeal is allowed, he would be highly prejudiced if during the pendency of the connected appeal, the sentence imposed on him by the impugned judgment is not suspended.

12. This Court is therefore of the considered opinion that this is a fit case where sentence imposed on the applicant may be suspended.

13. Accordingly, the sentence imposed by the trial court on the applicant shall remain suspended till the pendency of the connected Criminal Appeal No. 196/2023.

14. The applicant is also allowed to go on bail of Rs. 30,000/- (Rupees Thirty Page No.# 4/4

Thousand only) with one surety of like amount subject to the satisfaction of the learned Additional Sessions Judge (FTC), Barpeta in Sessions Case No. 232/2021 during the pendency of the Criminal Appeal No. 196/2023 with a condition that in the event of dismissal of the connected, he shall surrender before the Court of learned Additional Sessions Judge (FTC), Barpeta to serve out remaining part of his sentence.

15. With above observation, this Interlocutory Application is hereby disposed of.

JUDGE

Comparing Assistant