Rahibul Hoque vs The State Of Assam
2025 Latest Caselaw 2291 Gua

Gauhati High Court

Rahibul Hoque vs The State Of Assam on 24 January, 2025

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GAHC010000792025




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

                          Case No. : I.A.(Crl.)/54/2025
                                           in
                                      Crl.A./21/2025



         RAHIBUL HOQUE
         S/O. AFJALUL HOQUE
         R/O. VILL. HATIPOTA
         P/S. KAJALGAON
         DIST. CHIRANG
         ASSAM.


          VERSUS

         THE STATE OF ASSAM
         REP. BY THE PP
         ASSAM.


         ------------
         Advocate for : MR. I U CHOWDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
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                                          BEFORE
                     HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY


                                           ORDER

24-01-2025

1. Heard Mr. A. Ahmed, learned counsel for the applicant/appellant and Mr. K.K.Das, learned Additional Public Prosecutor, Assam for the sole respondent.

2. This is an interlocutory application (Crl.) filed under Section 389 of the Code of Criminal Procedure, 1973 corresponding to Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence dated 11.11.2024 passed by the learned Sessions Judge, Chirang, Kajalgaon in Sessions Case No. 09/2024 and for releasing the applicant on bail.

3. By the impugned judgment and order dated 11.11.2024, the applicant/accused was convicted under Section 326 IPC and was sentenced to undergo Rigorous Imprisonment for 5 (five) years and to pay a fine of Rs. 1,00,000/- (Rs. One Lacs only) and in default, to suffer further imprisonment for 6 (six) months.

4. The connected appeal has already been admitted.

5. Perused the judgment as well as the statements of the victim and other witnesses and also the medical evidence.

6. From the prosecution story, it is revealed that initially the applicant/accused was quarrelling with his wife and the victim tried to stop such quarrel and some other neighbouring people also reached the place of occurrence to stop their quarrel and at that point of time, the victim got injuries allegedly by a blow given by the applicant/accused.

7. Considering the materials relied on by the prosecution as well as the manner and the nature of offence committed by the applicant/accused and also considering the period of conviction and sentence, this Court is of the view that the applicant/accused has Page No.# 3/3

been able to make out a case to grant of bail in connection with his conviction and sentence passed by the learned Judge in aforesaid Sessions Case No. 09/2024.

8. The fact also remains that the applicant/accused was all throughout on bail during the trial and there is no material to suggest that he had committed any offence during the trial.

9. Accordingly, the present applicant/accused, namely, Rahibul Hoque is allowed to go on bail on furnishing a bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with one solvent surety of the like amount to the satisfaction of the learned Sessions Judge, Chirang, Kajalgaon with the following condition:-

(i) The applicant/accused shall not leave the territorial jurisdiction of the learned Sessions Judge, Chirang Kajalgaon without his prior written permission.

10. In terms of the above, this interlocutory application (Crl.) stands disposed of.

JUDGE

Comparing Assistant