Gauhati High Court
Aminur Rahman And Anr vs The State Of Assam And Anr on 1 February, 2019
Author: M.R. Pathak
Bench: Manash Ranjan Pathak, Manish Choudhury
Page No.# 1/4
GAHC010161912018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.) 567/2018
1:AMINUR RAHMAN AND ANR
S/O- JAMAL SK
2: JAMAL SK @ DEWAN ALI
S/O- LATE KHASUA SK
BOTH ARE RESIDENT OF VILL.- BELUGURI PT.-II
P.O.- RATIADAHA
P.S.- AGOMONI
DIST.- DHUBRI
ASSAM
PIN- 78333
VERSUS
1:THE STATE OF ASSAM and ANR
REP. BY THE PP, ASSAM
2:THE STATE OF ASSAM
REP. BY THE PP
ASSAM
3:MD. HAZARAT ALI
S/O- LATE PABAN UDDIN BEPARI
R/O- VILL.- PURNI PT-II
P.O.- KACHUKHANA
P.S.- GOLAKGANJ
DIST.- DHUBRI
ASSAM
PIN- 78333
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent : PP, ASSAM
Page No.# 2/4
Linked Case : Crl.A. 370/2017
1:AMINUR RAHMANand 2 ORS
S/O JAMAL SK.
2: JAMAL SK. @ DEWAN ALI
S/O LT. KHASUA SK.
3: AZIZUR RAHMAN @ DULAL UDDIN
S/O JAMAL SK.
ALL ARE R/O VILL. BELGURI PT-II
P.O. RATIADAHA
P.S. AGOMONI
DIST. DHUBRI
ASSAM
PIN 783334
VERSUS
1:THE STATE OF ASSAM and ANR
REPRESENTED BY THE P.P. TO THE GOVT. OF ASSAM
2:MD. HAZRAT ALI
S/O LATE PABAN UDDIUN BEPARI
VILL. PURNI PT-II
P.O. KACHO KHANA
P.S. GOLAKGANJ
DIST. DHUBRI
ASSAM
PIN 783334
Advocate for the Petitioner : MD I H KHAN
Advocate for the Respondent : PP
ASSAM
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
01.02.2019 (M.R. Pathak, J.) Heard Mr. I.H. Khan, learned counsel for the applicants and Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam appearing for the opposite party No. 1/State.
The applicants are convicted accused in Sessions Case No. 307/2015, wherein by judgment and order of conviction and sentence dated 22.08.2017 passed by leaned Sessions Judge, Dhubri convicted them under Section 307/34 read with Section 498A IPC and sentenced them to undergo R.I. for 3(three) years with a fine of Rs. 1,000/- (Rupees one thousand) each under Section 498 A IPC in default to undergo RI for 1(one) month each and further sentenced them to undergo R.I. for life under Section 307 read with Section 34 IPC with a fine of Rs. 10,000/- (Rupees ten thousand) each in default to undergo R.I. for 1(one) year each setting off the period of detention already undergone during the course of investigation and trial of the case.
Being aggrieved with the said judgment and order of conviction dated 22.08.2017, the applicants have preferred Crl.A. No. 370/2017, which was admitted on 21.09.2017 and is presently pending for disposal.
The applicants earlier preferred bail application under Section 389 Cr.P.C. being I.A. (Crl.) No. 69/2018 seeking bail in said Sessions Case No. 307/2015. However, by order dated 21.02.2018 same was rejected as withdrawn.
The applicants have approached this Court again under Section 389 Cr.P.C. seeking bail in said Sessions Case No. 307/2015 during pendency of the connected Crl. A. No. 370/2017.
The contention of the applicants herein is that the victim Najima Khatun is presently staying in her matrimonial home with the applicants as they have sort out their differences and to that extent an agreement dated 23.07.2018 entered into by Najima Khatun, the victim/wife of the applicant No. 1, as well as Md. Hazrat Ali, her father/informant of the case and Azizur Rahman @ Dulal Uddin, brother of the applicant No. 1 and son of the applicant No. 2, the third accused, specifying that the present applicant No. 1 and the victim desires to have a peaceful conjugal life, considering the future of their Page No.# 4/4 five years old minor son. Further, it is observed that the present I.A. has also been sworn by said victim Najima Khatun.
Considering such prayer of the applicants this Court by order dated 24.08.2018 directed for production of the applicants as well as the said victim directing them for their personally appearance on 03.09.2018. On their appearance, the Court by order dated 03.09.2018 granted the applicants interim bail for a period of two months fixing 01.11.2018. On 01.11.2018, the Court extended the interim bail of the applicants for another three months. Accordingly the matter is listed today for necessary consideration.
We have heard the victim as well as the applicants including her husband, the applicant No. 1 along with learned Additional Public Prosecutors, Assam Ms. Barnali Bhuyan and Ms. S. Jahan, and Mr. M.U. Mondal, learned counsel and his associates for the applicants.
After hearing the parties and considering the matter we extend the interim bail to the applicants for a further period of six months. Registry shall list the matter again on 01.08.2019 enabling the victim to reside peacefully in her matrimonial home with applicant No. 1.
On the next date fixed i.e. on 01.08.2019 both the applicants as well as the victim Najima Khatun along with her father Md. Hazrat Ali, the informant of the case and present opposite party No. 2 shall personally remain present before this Court.
As this order has been passed in presence of the applicants along with their counsel and in presence of the victim Najima Khatun, daughter of the opposite party No. 2, no formal notices need be issued.
Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam however may explain the order to the victim Ms. Najima Khatun, who is personally present before this Court.
List accordingly.
JUDGE JUDGE Comparing Assistant