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2017 DIGILAW 182 (GAU)

KHIRESWAR TANTI v. STATE OF ASSAM

2017-02-10

AJIT SINGH, MANOJIT BHUYAN

body2017
Ajit Singh, J. 1. Heard on I.A. (Crl.) No. 53/2017, which is an application for bail and suspension of sentence on behalf of applicants – (1) Khireswar Tanti and (2) Patal Karmakar. 2. According to the prosecution case, applicants in furtherance of their common intention along with one more accused assaulted and caused injuries to Diganta Borah who died. 3. The post mortem examination report of Diganta reveals that he sustained three cut injuries which were caused by sharp edged weapon. And as per the evidence of eye witness Jiten Borah (PW-4), Patal had caused injuries to Diganta with an axe whereas Khireswar was having a rod. 4. Having regard to the evidence of Jiten, the prayer for bail of applicant No.2 - Patal Karmakar is rejected. 5. As regards applicant No.1 – Khireswar Tanti, we deem it proper to grant bail to him. We accordingly direct that if he furnishes a solvent surety in the sum of Rs.20,000/- and executes a personal bond in the like amount to the satisfaction of the Sessions Judge, the execution of sentence passed against him shall remain suspended and he shall be released on bail. 6. The application is partly allowed.