Jamal Uddin@Jamal and Anr v. The State of Assam

ORDER Date : 27-01-2023 Heard Mr. M. Hussain, learned counsel for the petitioners namely (1) Jamal Uddin @ Page No.# 2/2 Jamal and (2) Hussain Ali @ Hasen Ali. Also heard Mr. B. Sharma, learned Addl. P.P. for the State of Assam. The petitioners have filed an application under Section 439 Cr.P.C. as they have been languishing in the jail since 31.12.2022 in connection with Bilasipara P.S. Case No. 920/2016 under Sections 143/302 IPC. The First Information Report [FIR] was lodged on 18.09.2016. In the FIR, the informant referred to an incident of killing of his brother named Asor Ali [Haser] at around 8-30 a.m., on

18.09.2016. In the FIR, the informant named 7 [seven] persons as accused including the present petitioners. It was alleged that the accused no. 1, named therein, along with the present petitioners and others together assaulted the informant's brother by sharp weapons and after severing his head from the body, they threw the dead body in the river. Mr. Hussain, learned counsel for the petitioners has submitted that though the present petitioners are named in the FIR, there was no involvement of them in the act of killing of the brother of the informant. Mr. Sarma, learned Additional Public Prosecutor, who has received the concerned case diary, has submitted, on the basis of the materials available in the case diary, that the deceased, Asor Ali [Haser] was known to be a hardened criminal, who had allegedly killed a number of persons after taking money to kill them. As the deceased was a notorious criminal, a mob of villagers gheraod him on 18.09.2016 and after killing him, severed his head from his body. As per the post-mortem examination report, a number of injuries were found to have been inflicted on the body of the deceased and the head of the deceased was severed from his body. The cause of death was due to hemorrhage and shock as a result of injuries sustained by the deceased. In the case diary, the statements of a number of witnesses recorded under Section 161, CrPC, are available. None of the witnesses, save and except one, has implicated the present petitioners. The offence was committed as far back as in the year 2016. The lone witness who, in his statement, has stated about involvement of the two present petitioners, has stated to have made such statement on hearsay as his was not an eye-witness account. I have considered the submissions at the Bar. In view of the foregoing discussions the petitioners are enlarged on bail of Rs. 25,000/- each with a suitable surety of like amount to the satisfaction of the SDJM(M), Bilasipara. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010010572023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./221/2023 JAMAL UDDIN@JAMAL AND ANR S/O LT. PAGU SHEIKH VILL- SUAPATA PART-IV, P.O. AND P.S. BILASIPARA DIST. DHUBRI, ASSAM PIN-783348 2: HUSSAIN ALI @ HASEN ALI S/O ABDUL MAZID VILL- SUAPATA PART-IV P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-78334 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND