Taijuddin Bhuyan, Vs the State of Assam and Anr.

2: SIRAJ BHUYAN @ SHIRAJUL HAQUE BHUYAN S/O LATE HARMUJ ALI BHUYAN R/O FINGUA PATHAR P.S. SARTHEBARI DIST. BARPETA ASSAM. 4: NURUZ ZAMAN BHUYAN @ NUR JAMAL BHUYAN S/O AMIR ALI BHUYAN R/O FINGUA PATHAR P.S. SARTHEBARI DIST. BARPETA ASSAM. 5: TAZBAR ALI BHUYAN AND TAJIBAR ALI BHUYAN S/O LATE HARMUJ ALI BHUYAN R/O FINGUA PATHAR P.S. SARTHEBARI DIST. BARPETA ASSAM. 6: TAIJUDDIN BHUYAN S/O LATE HARMUJ ALI BHUYAN R/O FINGUA PATHAR P.S. SARTHEBARI DIST. BARPETA ASSAM. 7: SADEK ALI @ SADEK BHUYAN S/O LATE HARMUJ ALI BHUYAN R/O FINGUA PATHAR P.S. SARTHEBARI DIST. BARPETA ASSAM. 8: SAIJUDDIN ALI BHUYAN @ SAIJUDDIN BHUYAN S/O HARMUJ ALI BHUYAN ALL ARE R/O FINGUA PATHAR P.S. SARTHEBARI DIST. BARPETA ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM. 2:MD. BAHADUR ALI

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S/O MAKSED ALI R/O FINGUA PATHAR SARTHEBARI P.S. SARTHEBARI DIST. BARPETA ASSAM.

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-----------Advocate for : MR. B K MAHAJAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 04/12/2025 (Michael Zothankhuma, J)

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Heard Mr. A. Ganguly, learned counsel for the applicant Taijuddin Bhuyan. Also heard Mr. R.R. Kaushik, learned APP, Assam, appearing for the State.

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Learned counsel for the applicant submits that the applicant has been convicted pursuant to the judgement dated 16/02/2018 passed by the learned Sessions Judge, Barpeta under Section 302/149 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 10,000/-, in default, rigorous imprisonment for 3 months. He has also been convicted and sentenced under section 147 and 148 IPC. He is sentenced to pay fine of Rs. 3,000/-, in default R.I. for one month under section 147 IPC and to pay fine of Rs. 5,000/- under section 148 IPC, in default, to undergo rigorous imprisonment for 4 (four months. He is also convicted and sentenced under section 323 IPC to pay a fine of Rs. 5000/-, in default, 15 days R.I.

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The learned counsel for the applicant submits that in view of the order dated 15/06/2023 passed in the main appeal, which has basically settled the entire appeal, wherein the case is to be remanded back to the learned Trial Court for adducing evidence separately, the sentence awarded to the applicant should be

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suspended and he should be released on bail, as 7 (seven) co-accused have already been released on bail, on suspension of sentence, vide orders passed in IA(Crl) 229/2018, IA(Crl) 672/2018, IA(Crl) 791/2018 and IA(Crl) 263/2019, arising out of Criminal Appeal No. 85/2018, which is being heard along with Criminal Appeal No. 82/2018.

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Mr. R.R. Kaushik, learned APP, Assam, submits that the bail should not be allowed, even though the order dated 15/06/2023 passed in the main appeal has basically decided the whole issue.

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On considering the order dated 15/06/2023 passed in Criminal Appeal No. 82/2018, we are of the view that as the matter would, prima facie, be remanded back to the learned Trial Court in terms of the decision of the Supreme Court mentioned therein and as the applicant was on bail during the trial, sentence imposed upon the applicant, pursuant to the judgement dated 16/02/2018 passed in Sessions case No. 131/2014, against the applicant herein is suspended.

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Accordingly, the applicant Taijuddin Bhuyan is to be released on bail, on furnishing a Bail Bond of Rs. 20,000/- (Rupees twenty thousand) with one local surety of like amount, to the satisfaction of the learned Sessions Judge, Barpeta.

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IA is accordingly disposed of.

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JUDGE JUDGE

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Taijuddin Bhuyan, v. the State of Assam and Anr.

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Taijuddin Bhuyan, v. the State of Assam and Anr.

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