Present vs For The
2022 Latest Caselaw 181 Tri

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                        HIGH COURT OF TRIPURA
                             AGARTALA

                           IA NO.01 OF 2022
                       IN CRL.A(J) NO.18 OF 2021
Jashim Ahmed
Vs.
The State of Tripura

          HON'BLE MR. JUSTICE T. AMARNATH GOUD
           HON'BLE MR. JUSTICE ARINDAM LODH

Present:
For the Applicant(s)            : Mr. P.S. Choudhury, Advocate.

For the Respondent(s)           : Mr. S. Debnath, Addl. P.P.

16.02.2022

Order

By filing the application under Section 401 read with

Section 397 of the Code of Criminal Procedure, the applicant

herein has prayed for suspending the judgment and order of

conviction dated 02.09.2021 and sentence dated

04.09.2021 passed by the learned Sessions Judge, Unakoti

District, Kailashahar, in case No. Sessions Trial 17(UK) of

2019 convicting the applicant under Section 302 of the IPC

and sentencing him to suffer Rigorous imprisonment for life

and also to pay a fine of Rs.50,000/-, in default to suffer

further Rigorous Imprisonment for 1(one) year. In the

present application, the applicant herein has stated that his

wife is at an advanced stage of pregnancy of around 8 and

½ months and she is expected to give birth to the baby on

24th March 2022 and thus prayed for granting bail.

Heard Mr. P.S. Choudhury, learned counsel appearing

for the applicant as well as Mr. S. Debnath, learned counsel

appearing for the State-respondent.

Learned P.P. has been directed by this Court on the

earlier occasion for placing a report by the concerned SHO

by visiting the house of the applicant and to verify the

contents which are made in the application. In pursuance of

the same, the concerned SHO has visited the house and

found that there are scattered houses in the locality and the

neighbours are not maintaining cordial relationship with the

family of the petitioner and the details are not known.

Further, the concerned SHO when he has inspected the

house of the applicant, he found that there is no one to look

after the wife of the convict and she is 8 and ½ months

pregnant with a 5(five) years old child.

In view of the said report, this Court is inclined to

consider the case of the petitioner for granting bail. Hence

the application is ordered with the following conditions:-

1) The convict-applicant, Jashim Ahmed shall be

released on bail for a period of 4(four) months i.e. till 16th

June, 2022. The convict shall report to the concerned police

station (Irani Police Station, Kailashahar) every day

morning before 10.00 O'Clock.

2) The convict-applicant, Jashim Ahmed shall be

realized on bail on furnishing 2(two) local sureties each with

Rs.25,000/- and also a personal bond of Rs.50,000/- to the

concerned authority.

It is needless to observe that the concerned

Station House Office shall keep a close vigil against the

movement of the convict-applicant and in the event there is

any adverse remark noticed by the concerned SHO, they

are free to move an application seeking cancellation of this

bail.

With this above observation and directions, this

instant interlocutory application stands disposed of.

                JUDGE                                JUDGE




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