Rahmat Ali v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010283132023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/1280/2023o RAHMAToALIo S/O-oBAHADURoALI,oVILL.-oBARATALOBA,oP.S.oDHALIGAON,oDIST.-o CHIRANG,oBTAD,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:NAZRULoHOQUE oS/O-oMR.KAJIMUDDINoAHMED oR/O-oVILL.-oBAIKHUNGAON oP.S.oDHALIGAON oDIST.-oCHIRANG oASSAM oPIN-o783385o AdvocateoforotheoPetitionerooooo:oMR.oLoRoMAZUMDERo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoKALYANoRAIoSURANA HONOURABLEoMR.oJUSTICEoMRIDULoKUMARoKALITA ORDERo Dateo:oo19-02-2024 Page No.# 2/3 (MK Kalita, J)

Heard Mr. LR Mazumder, learned counsel for the applicant as well as Ms. S. Jahan, learned APP for the State and Mr. AM Ahmed, learned counsel for the informant.

¶2This application under section 389 Cr.P.C., 1973 has been filed by the applicant namely, Rahamat Ali praying for suspension of sentence imposed on the applicant by the judgment and order dated 18.12.2019 passed by the learned Sessions Judge, Chirrang in Sessions Case No.91(D)/2015 [Old Sessions case no.91(D)/2006].

¶3The said judgment has been impugned by the present applicant by preferring a connected appeal which has been registered as Crl. A No.7/2022. The contention of the learned counsel for the applicant is that though the applicant has been convicted and sentenced by the learned trial Court, however, only PW-2, PW-3 and PW-4 have adduced incriminating evidence against the present applicant and the said witnesses are not the eyewitnesses.

¶4The learned counsel has also submitted that the present applicant has been suffering from ailments and on that ground also he has prayed for suspension of sentence and prayed for allowing the applicant to go on bail during the pendency of the connected criminal appeal.

¶5In this regard, a report was called for by this Court by order dated

02.02.2024 from the Superintendent of District Jail, Kokrajhar calling for the status report of the health of the present applicant. We have received the report furnished by the Superintendent of District Jail, Kokrajhar today. On perusal of Page No.# 3/3 the said report it appears that though the present applicant is a patient of Post Cholecystectomy and is also a patient of diabetes. However, the jail hospital is providing treatment to him. He has also been treated for Cardiological ailment and Endocrinological ailment. On perusal of the report it appears that all the vital parameters of the present applicant are within the normal parameters and his diabetes is also under control.

¶6Under such circumstances, we are not inclined to scrutinize the evidence in depth at this stage as the same would be done during the hearing of the connected criminal appeal and considering the fact that all the vital parameters of the present applicant are within the normal limits we are not inclined to allow the suspension of sentence of the present applicant at this stage and accordingly this IA is dismissed.

JUDGE JUDGE Comparing Assistant