Supreme Court - Daily Orders
Hussain Ali Mondal vs The State Of Assam on 3 February, 2021
Bench: A.M. Khanwilkar, B.R. Gavai, Krishna Murari
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2021
(Arising out of SLP(Crl.)No. 6341 of 2020)
HUSSAIN ALI MONDAL Appellant(s)
VERSUS
THE STATE OF ASSAM Respondent(s)
O R D E R
Leave granted.
This appeal takes exception to the judgment and order dated 21.08.2020 passed by the High Court of Gauhati in I.A.(Criminal) No. 376 of 2020 in Criminal Appeal No. 10 of 2016, whereby the High Court rejected the bail application filed by the appellant in connection with Case Crime No. 25 of 2003 registered at PS-South Salmara, District-Dhubri, Assam for the offence punishable under Sections 147, 148, 149, 447, 341, 326, 307 and 302 of Indian Penal Code.
Heard learned counsel for the parties. Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2021.02.04 Taking into account that the co-accused have already 16:51:48 IST Reason: been released on bail and that the appellant has undergone substantial period in jail and there is no 2 likelihood of appeal being taken up for hearing by the High Court in the immediate near future coupled with the fact that there is no adverse report against the appellant regarding his conduct in jail, we are of the view that the appellant should be released on bail. Accordingly, in the peculiar facts of the present case, we direct that the appellant (Hussain Ali Mondal) be released on bail to the satisfaction of the Trial Court in connection with Case Crime No. 25 of 2003 registered at PS-South Salmara, District-Dhubri, Assam and on such terms and conditions as may be imposed by the Trial Court.
The appeal is allowed in the above terms. Pending applications, if any, stand disposed of.
…...................J (A.M. KHANWILKAR) …...................J (B.R. GAVAI) …...................J (KRISHNA MURARI) New Delhi February 03, 2021 3 ITEM NO.11 Court 5 (Video Conferencing) SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 6341/2020 (Arising out of impugned final judgment and order dated 21-08-2020 in IA (CRL) No. 376/2020 passed by the Gauhati High Court) HUSSAIN ALI MONDAL Petitioner(s) VERSUS THE STATE OF ASSAM Respondent(s) (FOR ADMISSION and I.R. ) Date : 03-02-2021 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Bhaskar Dev Konwar, Sr. Adv.
Ms. Charu Ambwani, AOR For Respondent(s) Mr. Nalin Kohli, Adv.
Mr. Shuvodeep Roy, AOR Mr. Ankit Roy, Adv.
Ms. Nimisha, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted The appeal is allowed in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]