Amita Phukan and Anr v. The State of Assam and Anr

ORDER

16.02.2024 Heard Mr. A Ahmed, learned counsel for the applicants as well as Mr. D. Das, learned Additional Public Prosecutor, Assam. This is an application filed under Section 397(1) of the CrPC praying for bail by the petitioners, namely, (1) Sri Amita Phukan and (2) Sri Madhab Phukan, who have been in jail hazot in connection with the order dated 09.11.2023 passed by the learned Sessions Judge, Dhemaji in Criminal Appeal No. 41/2018 and the judgment and order dated 15.09.2018 passed by the learned Chief Judicial Magistrate, Dhemaji in GR Case No. 490/2016 (SLP). The petitioners were convicted under section 324 of the IPC read with Section 34 of the said Code by the learned Chief Judicial Magistrate, Dhemaji in GR Case No. 490/2016 (SLP) and thereafter they were sentenced to imprisonment of certain terms. The petitioners have filed an appeal before the court of Sessions. After going through the materials available in the record, this court is of the opinion that the petitioners deserve to be released on bail at this stage. Therefore, the petitioners Sri Amita Phukan and Sri Madhab Phukan, who have been in jail hazot in connection with the order dated 09.11.2023 passed by the learned Sessions Judge, Dhemaji in Criminal Appeal No. 41/2018 and the judgment and order dated

15.09.2018 passed by the learned Chief Judicial Magistrate, Dhemaji in GR Case No. 490/2016 (SLP) be allowed to release on bail of Rs.25,000/- each with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhemaji. The IA(Crl.) is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010032472024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/149/2024o AMITAoPHUKANoANDoANRo S/OoSRIoHEMAoPHUKAN,o R/OoNILAKHoCHAPORIoGAON,o P.S.oSILAPATHAR,o DIST.oDHEMAJI,oASSAM. 2:oMADHABoPHUKAN oS/OoSRIoHEMAoPHUKANo R/OoNILAKHoCHAPORIoGAONo P.S.oSILAPATHARo DIST.oDHEMAJI oASSAo VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:BUDHINoBORUAH oS/OoSRIoKAMALoBARUAHo R/OoNILAKHoCHAPORIo P.S.oSILAPATHARo DIST.oDHEMAJo AdvocateoforotheoPetitionerooooo:oMR.oAoAHMEDo AdvocateoforotheoRespondento:oPP,oASSAMoo ooooooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA