Moklesur Rahman v. The State of Assam and Anr

ORDER Date : 23.04.2024

Heard Mr. M. Ahmed, learned counsel for the applicant. Mr. D.P. Goswami, learned Public Prosecutor for the State/respondent No.1.

¶2This is an application under Section 389 Cr.P.C. praying for granting bail by suspending sentence pending appeal to the applicant in connection with the judgment dated 25.05.2023 and order dated

29.05.2023 passed by the learned Special Judge (Addl.), Dhubri, Assam, in connection with Special Case No. 219/2022, whereby convicting the accused/applicant under Section 22(b) of NDPS Act, 1985 and sentenced him to undergo rigorous imprisonment for 5(five) years and to pay a fine of Rs.50,000/-, in default to undergo rigorous Page No.# 3/4 imprisonment for another 6 months.

¶3The learned counsel for the applicant submits that there is violation of Section 42(2) of NDPS Act which is mandatory in nature, in spite of fact that prosecution could not follow the provision. It is also submitted that the applicant has been convicted under Section 22(b) of NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for 5(five) years, out of which the applicant has already been completed two years detention in jail hazot.

¶4It is also submitted that there are lots of contradictions in the evidence of the witnesses and there is every possibility of acquittal of the applicant in the case. Considering these aspects, the applicant be released on bail during pendency of the appeal.

¶5On the other hand, Mr. Goswami, learned Additional Public prosecutor submits that there is sufficient incriminating materials in the case. However, on the basis of the sentence imposed on the petitioner, bail may be granted during pendency of the appeal without going into the merits of the case.

¶6I have considered the submissions made by the learned counsel for the parties as well as perused the judgment of the learned trial court.

¶7Considering the submission of learned counsel for the parties, without going into the merit of the case, prayer of the applicant is allowed. Page No.# 4/4

¶8Accordingly, the accused-applicant, named above, shall be released on bail suspending the sentence during appeal in connection with Special Case No. 219/2022, under Section 22(b) of NDPS Act, 1985, subject to the following conditions :

(i) The applicant shall furnish a bail bond of Rs.30,000/- with two suitable sureties each of the like amount to the satisfaction of the learned Special Judge (Addl.), Dhubri, Assam.

(ii) The learned Special Judge (Addl.), Dhubri, Assam will be at liberty to impose any condition(s) while releasing the applicant on bail.

¶9Nothing in this order shall be construed as an expression of opinion on the merits of the pending criminal appeal.

¶10In view of the above, interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010141222023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/561/2023 MOKLESUR RAHMAN S/O SADAM ALI, RESIDENT OF VILLAGE AMERBHITA, CHOTO BASHJANI, PS AND DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:SI SAFIQUL HUSSAIN S/O MD. NAZMUL HUSSAIN RESIDENT OF VILLAGE SORBHOG PS SORBHOG DIST BARPETA ASSAM 78131 Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP, ASSAM Linked Case : Crl.A./228/2023 MOKLESUR RAHMAN S/O SADAM ALI RESIDENT OF VILLAGE AMERBHITA CHOTO BASHJANI PS AND DIST DHUBRI Page No.# 2/4 ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:SI SAFIQUL HUSSAIN S/O MD. NAZMUL HUSSAIN RESIDENT OF VILLAGE SORBHOG PS SORBHOG DIST BARPETA ASSAM 781317 ------------ Advocate for : MR. M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI