Kuran Ali v. The State of Assam and Anr

ORDER Date : 10-12-2024 Page No.# 4/5 Suman Shyam, J

Heard Mr. B. Chowdhury, learned counsel for the applicants in I.A.(Crl.) No. 682/2024 and Mr. A.M. Ahmed, learned counsel for the applicant in I.A.(Crl.) No. 445/2024, both the applications arising out of Crl. A. No. 268/2023. Also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State. By the judgment and order dated 30-06-2023 passed by the learned Addl. Sessions Judge, Bilashipara, Assam in connection with Sessions Case No. 211/2011, the three applicants in I.A.(Crl.) No. 682/2024 and the sole applicant in I.A.(Crl.) No. 445/2024 were inter-alia convicted under Section 302/34 IPC for committing the murder of deceased Janab Ali and sentences to suffer life imprisonment and also to pay fine with default stipulation. The applicants were also convicted under Section 458/ 323/ 34 IPC and awarded jail sentences. Since then they are in jail. The State has filed objection, opposing the prayer for bail made by the applicants. After going through the records, we find that the injured eye witness PW-4 has clearly implicated the accused persons. Moreover, PWs 2 and 3, who have been examined as eye witnesses to the occurrence, have also deposed more of less in similar lines, implicating the applicants. Mr. Chowdhury submits that PWs 2 and 3 are not eye witnesses to the occurrence and there is material contradiction in the testimony of PW-4. Similar is the submission of Mr. Ahmed, learned counsel for the applicant in I.A. (Crl.) No. 445/2024. After a careful analysis of the material available on record, we are of the view that appreciating the arguments advanced by the applicants' counsel would require detail hearing of the appeal. In view of the evidence of PWs 2, 3 and 4 as well as other materials available on record, we are of the opinion that this is not a fit case for granting bail to the applicants. As such, the prayer for suspension of jail sentence and for grant of bail made by the four Page No.# 5/5 applicants stand rejected. However, we clarify that our opinion expressed herein above is only prima facie in nature and the same will not have any bearing in the outcome of the pending appeal. Considering the request made by the applicants' counsel seeking early hearing of the pending appeal and in view of the fact that paper book has also been prepared in the appeal, we are inclined to grant the said prayer. Necessary order will be passed accordingly, in the main appeal. With the above observation, both these I.A.s stand disposed of.

JUDGE JUDGE GS Comparing Assistant

PageoNo.#o1/5 GAHC010094612024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/445/2024o KURANoALIo S/OoLATEoABDULoRAHMANoSK,o RESIDENToOFoVILLAGEoLINGDOBA,o PSoANDoDIST.oBONGAIGAON,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoPPoASSAM 2:SAHJAMALoSK oS/OoLATEoJONABoALI o RESIDENToOFoDOWAGURI oPSoCHAPAR oDISToDHUBRI oASSAo AdvocateoforotheoPetitionerooooo:oMRoHoRoAoCHOUDHURY,oMR.oIoUoCHOWDHURY,MR.oAoMo AHMED,MR.oAoAHMED,P.oGHOSHo AdvocateoforotheoRespondento:oPP,oASSAM,oo oLinkedoCaseo:oI.A.(Crl.)/682/2024 RAMJANoALIoANDo2oORS S/OoLATEoHAJRAToALIo RESIDENToOFoVILLAGEoLINGDOBA Page No.# 2/5 PS AND DIST. BONGAIGAON ASSAM. 2: EYASIN ALI @ EYUSIR ALI SK S/O LATE NURUL HOQUE RESIDENT OF VILLAGE LINGDOBA PS AND DIST. BONGAIGAON ASSAM. 3: ABDUL BAREK @ BAREK ALI S/O MOSTAFA RESIDENT OF NANGKHARGAON PS AND DIST BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:SAHJAMAL SK S/O LATE JONAB ALI RESIDENT OF DOWAGURI PS CHAPAR DIST DHUBRI ASSAM ------------ Advocate for : MR. B CHOWDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Linked Case : Crl.A./268/2023 KURAN ALI AND 3 ORS. S/O LATE ABDUL RAHMAN SK RESIDENT OF VILLAGE LINGDOBA PS AND DIST. BONGAIGAON ASSAM. Page No.# 3/5 2: RAMJAN ALI S/O LATE HAJRAT ALI RESIDENT OF VILLAGE LINGDOBA PS AND DIST. BONGAIGAON ASSAM. 3: EYASIN ALI @ EYUSIR ALI SK S/O LATE NURUL HOQUE RESIDENT OF VILLAGE LINGDOBA PS AND DIST. BONGAIGAON ASSAM. 4: ABDUL BAREK @ BAREK ALI S/O MOSTAFA RESIDENT OF NANGKHARGAON PS AND DIST BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:SAHJAMAL SK S/O LATE JONAB ALI RESIDENT OF DOWAGURI PS CHAPAR DIST DHUBRI ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA