Gauhati High Court
Md. Abul Kalam Sk vs The State Of Assam And Anr on 23 March, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010003092021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/13/2021
MD. ABUL KALAM SK
S/O- MD. MOKSED ALI, R/O- VILL.- SADHU BHASHA PT.-I, P.S. GOURIPUR,
DIST.- DHUBRI, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY P.P., ASSAM.
2:MD. MOKBUL HUSSAIN
S/O- LATE ABDUR RAHMAN
R/O- VILL.- AMERVITA CHOTO BARJANI
P.S. AND DIST.- DHUBRI
ASSAM
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./6/2021
MD. ABUL KALAM SK.
S/O- MD. MOKSED ALI
R/O- VILL.- SADHU BHASHA PT.-I
P.S. GOURIPUR
DIST.- DHUBRI
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
Page No.# 2/3
REP. BY P.P.
ASSAM.
2:MD. MOKBUL HUSSAIN
S/O- LATE ABDUR RAHMAN
R/O- VILL.- AMERVITA CHOTO BARJANI
P.S. AND DIST.- DHUBRI
ASSAM.
------------
Advocate for : MR. B CHOWDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
23.03.2022 Heard Mr. B. Chowdhury, learned counsel appearing for the applicant/appellant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent No.1 and Mr. A.T. Sarkar, learned counsel for the respondent No. 2.
By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted vide the impugned Judgment and Order, dated 27.11.2020, passed by the learned Sessions Judge, Dhubri in Sessions Case No. 139/2017 and sentenced to undergo R.I. for 10 years u/s 304(B) of the IPC, has prayed for suspension of sentence and to allow him to go on bail.
The prosecution case in brief is that on 30.07.2014, the informant lodged an FIR at Athani Police outpost alleging, inter-alia, that his sister got married to the applicant/accused on 05.02.2014 by executing registered kabinnama as per social customs. After about 2 months from her marriage, the applicant/accused and his family members started torturing her by demanding dowry and also Page No.# 3/3 tried to eliminate her, in connection with which, a village meeting was also held. On the night of 29.07.2014, the applicant/accused along with his family members brutally assaulted her by confining in a room causing serious injuries which ultimately resulted in her death. However, the information of death of the victim was communicated to her younger brother over telephone at about 12 p.m. On receipt of the FIR, a case was registered vide Gauripur P.S. Case No. 602/2014 u/s 120B/304B of the IPC and after completion of investigation the charge-sheet was laid against the applicant/accused u/s 120B/304B of the IPC. Thereafter, on completion of trial, the learned Sessions Judge, Dhubri convicted and sentenced the applicant/accused as stated above.
On close scrutiny of the evidence on record including the post-mortem examination report and the grounds of the connected appeal as well as the objection filed by the State, this Court is of the opinion that if the liberty of bail is granted to the accused appellant, when the connected appeal is ready for hearing, basically on the ground of detention period, it may likely to occasion in failure of justice.
Therefore, the interlocutory application stands rejected.
Registry to list the connected appeal for hearing on its due turn.
Accordingly, the interlocutory application stands disposed of.
JUDGE Comparing Assistant