Gauhati High Court
Makbul Ahmed vs The State Of Assam on 26 June, 2025
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GAHC010084692025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/417/2025
MAKBUL AHMED
S/O SAMSUL HAQUE, R/O VILLAGE- SING GAON, FULTOLI BAZAR, P.O.
FULTOLI BAZAR, P.S. LANKA, DISTRICT- HOJAI, ASSAM, PIN-782446.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM.
Advocate for the Petitioner : MR. R A CHOUDHURY, MR N A MAZARBHUIYA,MR. R A
MAZUMDER
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 26.06.2025 Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Mr. R. A. Mazumdar, learned counsel appearing for the applicant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the state respondent.
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2. By way of this application under Section 430 of BNSS, 2023, the applicant is seeking suspension of sentence and to release the applicant on bail during the pendency of the appeal. The applicant has filed the accompanying appeal assailing the Judgment dated 22.11.2024 passed by the learned Sessions Judge, Hojai in Sessions Case No. (1) 18/2021, thereby learned Trial Court along with 11 others accused, the present applicant had sentenced to (i) undergo rigorous imprisonment for 10 years and fine of Rs. 10,000/-(Rupees Ten Thousand) u/s 326 IPC, in default of payment of fine to undergo simple imprisonment for 1 (One) year (ii) Further undergo rigorous imprisonment for 7 years and fine of Rs. 10,000/- (Rupees Ten Thousand) u/s 333 IPC read with section 149 IPC, in default of payment of fine to undergo simple imprisonment for 6 (six) months
(iii) Further undergo rigorous imprisonment for 4 years and fine of Rs. 10,000/- (Rupees Ten Thousand) u/s 3 (2) of PDPP Act, read with section 149 IPC in default of payment of fine to undergo simple imprisonment for 1 (One) month (iv) Further undergo rigorous imprisonment for 3 months and fine of Rs. 1000/- (Rupees one Thousand), u/s 143 IPC in default of payment of fine to undergo simple imprisonment for 10 (Ten) days (v) Further undergo rigorous imprisonment for 1 years and fine of Rs. 2000/- (Rupees Two Thousand) u/s 147 IPC in default of payment of fine to undergo simple imprisonment for 15 (Fifteen) days (vi) Further undergo rigorous imprisonment for 2 years and fine of Rs. 5000/- (Rupees Five Thousand) u/s 148 IPC in default of payment of fine to undergo simple imprisonment for 15 (Fifteen) days (vii) Further undergo rigorous Page No.# 3/6 imprisonment for 1 months and fine of Rs. 500/- (Rupees Five Hundred) U/S 447 IPC in default of payment of fine to undergo simple imprisonment for 2 (Two) days (viii) Further aforesaid convicts are sentenced to undergo rigorous imprisonment for 2 years and fine of Rs. 15,000/- (Rupees Fifteen Thousand) u/s 4 Assam Medicare Service Person and Medicare service institution (Prevention of Violence and Damage to Property Act) 2011 read with section 149 IPC in default of payment of fine to undergo simple imprisonment for 10 (Ten) days (xi) Further to pay fine of Rs. 20,000/-( Rupees Twenty Thousand) each u/s 6 of Assam Medicare Service Person and Medicare service institution (Prevention of Violence and Damage to Property Act) 2011 as compensation (x) Further undergo rigorous imprisonment for 3 years and fine of Rs. 50,000/- (Rupees Fifty Thousand) u/s 6 (2) of Epidemic Disease Act 2020 read with section 149 IPC in default of payment of fine to undergo simple imprisonment for 1 (One) years (xi) Further undergo rigorous imprisonment for 5 years and fine of Rs. 1,00,000/- (Rupees One Lakh) u/s 6 (3) Epidemic Disease Act 2020 read with section 149 IPC in default of payment of fine to undergo simple imprisonment for 1 (One) year (xii) Further undergo rigorous imprisonment for 6 months and fine of Rs. 1, 000/- (One Thousand) U/S 51 (a) of the Disaster Management read with section 149 IPC in default of payment of fine to undergo simple imprisonment for 2 (Two) days.
3. The brief facts of the case is that an F.I.R. was lodged by informant, namely Dr. Imran Hussain, at Lanka Police Station and accordingly, Lanka P.S registered the same on 01.06.2021, alleging Page No.# 4/6 inter alia that a COVID patient namely Giashuddin Majumdar aged 45 years, of Bamungaon was brought to the Udali Model Hospital, at about 8 AM for treatment. But unfortunately, the patient died at about 2PM at the hospital. After his death, people including Md. Kamaruddin Laskar Pathar, Jainaluddin Laskar Pathar, Rehanuddin Maj- Udali and several others criminally assaulted the doctor namely Seuz Senapati and one nurse namely Mrs Lalita Bharali with intention to murder, causing grievous injury to their bodies and Furtherance of a Criminal Conspiracy to Derail Functioning of medical facilities in this area. Accordingly, on 01.06.2021 Lonka P.S Case No. 370/2021 U/S 120(B)/143/342/447/333/307/ 353/427 IPC, R/W Sec 51 (b) D.M Act, R/W Sec. 3 (2) PDPP Act, R/W Sec 5 and 6 of Assam Medicare Service Person and Medicare service institution (Prevention of Violence and Damage to Property Act) 2011. During the investigation the present accused person along with other 25 other accused persons were arrested on 02.06.2021 and after completion of the investigation, I/O, filed charge sheet no.247/2021 dated 29.06.2021. The learned Trial Court after taking evidence of as many as 40 Nos of PWS, vide impugned judgment dated 22.11.2024 convicted and sentenced the present petitioner along with 11 others under sections 143/147/148/149/326/ 333/353 of IPC & under Section 3(2) of PDPP Act, under Section 4/6 of Assam Medicare Service Person and Medicare service institution (Prevention of Violence and Damage to Property Act) 2011, under Section 6 (2), (3) of Epidemic Disease Act 2020 and under Section 51 (a) of the Disaster Management and had sentenced to (i) undergo rigorous imprisonment for 10 years and fine of Rs.
Page No.# 5/6 10,000/- (Rupees Ten Thousand) u/s 326 IPC, in default of payment of fine to undergo simple imprisonment for 1 (one) year and also convicted and sentenced under different section in total 12 headings. Accordingly, the accompanying criminal appeal.
4. Mr. H. R. A. Choudhury, learned senior counsel for the applicant submits that at the time of conviction, the applicant was remanded in the jail hazot and since then, he is in jail custody. However, during trial, while he was on bail, he has co-operated the trial fully and has never misused his condition bail. Accordingly, he seeks that the applicant be allowed to be released on bail during pendency of the appeal.
5. Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the state respondent submits that the applicant has been convicted for 10 years and the State of Assam has filed objection against the prayer of the applicant to be released on bail during pendency of the criminal appeal. He further prays that the appeal may be heard and disposed of. However, he fairly submits that since the Co-ordinate Bench of this Court has already granted bail to similarly situated person, he shall leave it to the discretion of the Court.
6. I have given my prudent consideration to the arguments advanced by the learned counsels for the contending parties and have perused the materials available on record.
7. It appears that the offence against which the applicant has been convicted is assaulting a Doctor by the petitioner and other co-accused due to the death of their relative in the hospital. After considering the Page No.# 6/6 evidence available in the record as well as the order passed by the Co- ordinate Bench in I.A (Crl.) No. 137/2025 by Order dated 12.03.2025 in a similarly situated co-accused, who has also been convicted under the same Judgment, which is under appeal in the accompanying criminal appeal, this Court directs that the applicant, i.e., Makbul Ahmed be allowed to go on bail on furnishing bail bond of Rs. 25,000/- each with one surety of like amount to the satisfaction of the learned Sessions Judge, Hojai in connection with Sessions Case No. (1) 18/2021.
8. The Interlocutory Application stands disposed of.
JUDGE Comparing Assistant