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2016 DIGILAW 683 (GAU)

Hare Krishna Paul & Ors. v. State of Assam & Anr.

2016-07-26

AJIT SINGH, SUMAN SHYAM

body2016
Ajit Singh; CJ.:-- Mr. N Ahmed, learned counsel for the applicant in I.A. No. 1428/2016; Mr. S.C. Biswas, learned counsel for the applicant in I.A. Nos. 1620, 1621 of 2016. Ms. ShamimaJahan, learned Additional Public Prosecutor, Assam for the respondents. Heard on I.A. No. 1428/2016, I.A. No. 1620/2016 and I.A. No. 1621/2016 which are applications for grant of bail and suspension of sentence on behalf of applicants Hare Krishna Paul,Pratap Paul and Parimal Paul and Siba Paul @ Sibu Paul respectively. According to the prosecution case, on 24.4.2001 at 7 p.m. these four applicants along with other co-accused persons after forming an unlawful assembly and in furtherance of their common object, made a murderous assault on Subodh Paul and Anukul Paul with deadly weapons like dao, dagger,lathis etc. Victims Subodh and Anukul were brothers and they died on the spot. The crime was committed most brutally in the open market which created a terror in the locality. Siba Paul had even pierced a dagger in the neck of Anukul Paul which came out through his eyes after injuring the tongue. Eye witnesses Ajoy Paul (PW-1), Rita Gowala (PW-2), Anil Barman (PW-3), Sanjay Paul (PW-7) and Ratan Das (PW-8) have clearly testified that applicants Siba Paul, Pratap Paul and Parimal Paul had actively participatedin the commission of gruesome crime. Their evidence is also substantially corroborated by the post mortem examination reports. Therefore, the prayer for bail of Siba Paul, Pratap Paul and Parimal Paul is rejected. As regards Hare Krishna Paul, none of the above mentioned eye witnesses have admittedly stated anything against him. We accordingly direct that if applicant Hare Krishna Paul furnishes a solvent surety in the sum of Rs. 50,000/- and executes a personal bond in the like amount to the satisfaction of the Sessions Judge, Kamrup (Metro), the execution of sentence passed against him shall remain suspended and he shall be released on bail. He shall now appear before the Sessions Judge, Kamrup (Metro) on 1.12.2016 or on such dates, as may be directed by that court. I.A. No. 1428/2016 is accordingly allowed. I.A. No. 1620/2016 and I.A. No. 1621/2016 are dismissed.