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2016 DIGILAW 756 (GAU)

MD ABDUL ROUF @ KAILA v. STATE OF ASSAM

2016-08-11

AJIT SINGH, N.CHAUDHURY

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JUDGMENT : Ajit Singh, J. 1. Heard on I.A. (Criminal) No. 66/2016, which is an application for bail and suspension of sentence on behalf of the applicant –Md. Abdul Rouf @ Kaila. 2. The applicant has been held guilty for committing the murder of Sirajul Islam. 3. According to the prosecution case, Sirajul Islam along with his daughter Dilwara Begum (PW-1), aged about 12 years, was working in the field. At that time, applicant came with a split of betel-nut tree in his hand and assaulted Sirajul Islam. Thereafter, co-accused Abdul Hasim caused multiple injuries to Sirajul Islam with a dao. Sirajul Islam died due to injuries caused with a dao. 4. Dilwara Begum has testified that applicant assaulted Sirajul Islam with a split of betel-nut tree whereafter Abdul Hasimalso caused multiple injuries to him with a dao. 5. In the post mortem examination report, no injury of split of betelnut tree was found on the body of Sirajul Islam. 6. It is argued on behalf of the applicant that for the act of Abdul Hasim, the applicant cannot be held guilty of committing the murder of Sirajul Islam. 7. It is stated at the Bar that later Abdul Hasim was also killed in another incident. 8. On due consideration of the facts and circumstances of the case, particularly the evidence of Dilwara Begum we deem it proper to grant bail to the applicant. We accordingly direct that if applicant – Md. Abdul Rouffurnishes a solvent surety in the sum of Rs.35,000/- and executes a personal bond in the like amount to the satisfaction of the Sessions Judge, Nagaon, the execution of sentence passed against him shall remain suspended and he shall be released on bail. He shall now appear before the Session Judge, Nagaonon 1.12.2016 or on such dates, as may be directed by that court. 9. The application is allowed.