Page No.# 1/3 GAHC010094112023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/371/2023 MD. RAHMAN MIA ANSARI @ RAHMAN MIA S/O LT SUDAGAR ANSARI, VILL.- BILTILLA-LALACHERRA V.P.S.- LALA, DIST.- HAILAKANDI, ASSAM, PIN- 788163. VERSUS THE STATE OF ASSAM TO BE REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MR. K A MAZUMDER, M. ROBBANI,MR A HAI Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./157/2023 MD. RAHMAN MIA ANSARI @ RAHMAN MIA S/O LT SUDAGAR ANSARI VILL.- BILTILLA-LALACHERRA V.P.S.- LALA DIST.- HAILAKANDI ASSAM PIN- 788163. VERSUS THE STATE OF ASSM TO BE REP. BY THE P.P. ASSAM. Page No.# 2/3 ------------ Advocate for : MR. K A MAZUMDER Advocate for : PP ASSAM appearing for THE STATE OF ASSM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17/09/2025 (Michael Zothankhuma, J) Heard Mr. K.A. Mazumdar, learned counsel for the applicant/appellant, who submits that the sentence passed in the impugned judgement dated 31/03/2023 vide order dated 03/04/2023 by the learned Additional Sessions Judge, Hailakandi, in Sessions Case No. 96/2016 under sections 302/34 IPC, should be suspended. He submits that a reading of the evidence of the PW-2, who is the wife of the deceased, shows that there is a discrepancy with regard to the date of death of the deceased, inasmuch as, the deceased had apparently expired on 14/05/2011, on the basis of the injuries sustained by him on 12/05/2011. Further, the FIR had been filed only on 15/05/2011 wherein, nothing had been stated regarding the death of the deceased. However, the deceased had died on 14/05/2011 as per the post-mortem report dated 14/05/2011 and the Inquest that had been conducted on the said date. The applicant’s counsel further submits that the applicant is 73 years of age and in terms of the scheme undertaken by the NLSA for release of old and terminally ill prisoners, the applicant should be released on bail. Page No.# 3/3 Ms. A. Begum, learned APP, Assam, on the other hand, submits that the applicant should not be released on bail in view of the evidence of the eye witnesses PWs 1 & 2, who had seen the incident regarding the assault on the deceased being made by the appellant along with another person. To this, Mr. K.A. Mazumdar, learned counsel for the appellant submits that the other person has already been acquitted by the learned Trial Court. We have heard the learned counsels for the parties. On perusing the evidence of witnesses and keeping in view the age of the applicant, who is 73 years of age, we are of the view that the applicant should be released on bail at this juncture. Consequently, the applicant/appellant Md. Rahman Mia Ansari @ Rahman Mia, be released on bail on furnishing a bail bond of Rs. 50,000/- (Rupees fifty thousand) with one local surety of like amount to the satisfaction of the learned Trial Court. Consequently, the sentence order dated 03/04/2023 passed in pursuant to the judgement and order dated 31/03/2023 in Sessions Case No. 96/2016 by the learned Additional Sessions Judge, Hailakandi, is hereby suspended. IA is accordingly disposed of. JUDGE JUDGE Comparing Assistant