Sobahan Ali vs The State Of Assam And Anr
2025 Latest Caselaw 1864 Gua

Gauhati High Court

Sobahan Ali vs The State Of Assam And Anr on 9 January, 2025

Author: S.K. Medhi

Bench: Sanjay Kumar Medhi

                                                                           Page No.# 1/3

GAHC010269392024




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

                                  Case No. : I.A.(Crl.)/1239/2024
                                                 in
                                         Crl.A./18/2022

                   SOBAHAN ALI
                   S/O GAFUR ALI
                   VILLAGE GASHPARA, PS AND DIST DHUBRI, ASSAM,783324


                   VERSUS

                   THE STATE OF ASSAM AND ANR
                   REPRESENTED BY PP ASSAM

                   2:ASARUDDIN MANDAL
                    S/O LATE MOYDAN ALI MANDAL

                   RESIDENT OF VILLAGE SASTHERGHAT
                   PS AND DIST DHUBRI
                   ASSAM 78332

Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MS S JAIN,MR J SINGH,MR H
AGARWAL,MRS J M KONWAR

Advocate for the Respondent : PP, ASSAM,

                                        BEFORE
                      HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                      HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                             ORDER

09.01.2025 (S.K. Medhi, J.)

Heard Shri B.D. Konwar, learned Senior Counsel for the applicant. Also Page No.# 2/3

heard Shri K. Baishya, learned Additional Public Prosecutor for the State of Assam.

2. This interlocutory application under Section 430 of BNSS, 2023 has been filed by the applicant, namely, Sobahan Ali praying for suspension of execution of sentence imposed on the applicant by the judgment and order dated 17.12.2021 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 133/2015 whereby the applicant was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand) only and in default of payment of fine to undergo rigorous imprisonment for two years. The applicant has impugned the aforesaid judgment in the connected appeal i.e., Criminal Appeal No. 18/2022.

3. Shri Konwar, learned Senior Counsel for the applicant, by referring to the earlier order dated 17.12.2024, has submitted that the prayer for grant of interim bail was considered and this Court had also recorded the submission made on behalf of the State regarding no objection for grant of such interim bail for performing the last rites of the mother of the applicant. It is the case of the applicant that the mother of the applicant has passed away on 24.11.2024.

4. Though this Court vide the aforesaid order dated 17.12.2024 had granted time to file objection, the same is yet to be filed.

5. Shri Baishya, learned Additional Public Prosecutor has however informed that the objection is almost ready and would be filed shortly.

6. After considering of the matter in its entirety and also taking into account the earlier order passed by this Court on 17.12.2024, we are of the view that, interim bail is required to be granted.

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7. It is accordingly directed that till the date indicated in this order, the applicant be released on interim bail in connection with Sessions Case No. 133/2015 and the judgment dated 17.12.2021 by the learned Sessions Judge, Dhubri. The aforesaid bail is subject to the condition on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) only with a surety of like amount to the satisfaction to the learned Sessions Judge, Dhubri.

8. It is made clear that the present order is passed only to facilitate performing of the last rites of the deceased mother of the applicant. The interim bail so granted would be effective till 27.01.2025, on which date, the applicant is directed to report back before the Superintendent of Police of the concerned Jail.

9. It is reiterated that the present order has been passed only on the consideration mentioned above and not on the merits of the case which would be done after filing and consideration of the objection by the State.

10. List this case on 30.01.2025.

                                        JUDGE                 JUDGE



Comparing Assistant