Gauhati High Court
Nazrul Islam @ Md Najrul Islam vs The State Of Assam And Anr on 16 June, 2025
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GAHC010009692025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/87/2025
NAZRUL ISLAM @ MD NAJRUL ISLAM
S/O ABDUL LATIF RESIDENT OF VILLAGE BAMUNGAON, PO TINIALI
BAZAAR, PS HOJAI, DIST HOJAI, ASSAM 782446
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY PP ASSAM
2:DR. IMRAN HUSSAIN
S/O LATE KUSUT ALI
RESIDENT OF VILLAGE UDALI MODEL HOSPITAL
PS LANKA
DIST HOJAI ASSAM 78244
Advocate for the Petitioner : G UDDIN, MR A K AZAD,MR. I HUSSAIN,P ADHIKARI
Advocate for the Respondent : PP, ASSAM,
Linked Case : Crl.A./30/2025
NAZRUL ISLAM @ MD NAJRUL ISLAM
S/O ABDUL LATIF
RESIDENT OF VILLAGE BAMUNGAON
PO TINIALI BAZAAR
PS HOJAI
DIST HOJAI
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ASSAM 782446
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY PP ASSAM
2:DR. IMRAN HUSSAIN
S/O LATE KUSUT ALI
RESIDENT OF VILLAGE UDALI MODEL HOSPITAL
PS LANKA
DIST HOJAI ASSAM 782446
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Advocate for : G UDDIN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
16.06.2025 Heard Mr. G. Uddin, learned counsel for the applicant. Also heard Mr. D. Roy, learned counsel for the respondent No. 2 and Mr. B. Sharma, learned Addl. Public Prosecutor for the State respondent.
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 Page No.# 3/6 326 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 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 Page No.# 4/6 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 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 Page No.# 5/6 29.06.2021. The learned Trial Court after taking evidence of as many as 40 Nos of PWS, vide impugned judgement 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. 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. G. Uddin, learned 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. D. Roy, learned counsel for the respondent No. 2 does not oppose the prayer made in the Interlocutory Application.
6. Mr. B. Sharma, learned Addl. Public Prosecutor submits that the allegation are grievous in nature. 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.
7. I have given my prudent consideration to the arguments advanced by the Page No.# 6/6 learned counsels for the contending parties and have perused the materials available on record.
8. 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 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., Nazrul Islam @ Md. Najrul Islam 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.
9. The Interlocutory Application stands disposed of.
JUDGE Comparing Assistant