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2025 DAILYLAW 2497 (GAU)

MD ABU SAMA AND ANR v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/1262/2025 · 2026-03-17

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/3 GAHC010259442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1262/2025 MD ABU SAMA AND ANR S/O RAMJAN ALI VILL. NIZ DHING BALIGAON P.S. DHING DIST. NAGAON ASSAM. 2: RASIDUL ISLAM S/O LATE SAHAB UDDIN VILL. CHALCHALI KATIMARI GRANT P.S. NAGAON SADAR DIST. NAGAON ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:SWMDWN SWARGIARY SI OF POLICE S/O SRI LALIT CH. SWARGIARY THROUGH DGP ASSAM ULUBARI GUWAHATI 781007 ------------ Advocate for : MR M H AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 18.03.2026 The Trial Court Record has been received. The learned counsel for the petitioner has submitted that the appellants have already undergone a period of around 3 years of incarceration from the date of the arrest. The learned counsel for the appellant has submitted that there are enough and more grounds for the appeal to be considered in the positive and there is a sufficient chance that the appellant may be acquitted in the matter. The learned Addl. P.P has submitted that the appeal may be taken up for consideration. Having gone through the Trial Court records cursorily and also in view of the fact that the appellants have already undergone nearly 3 years of custody, this Court is of the opinion that the petitioner can be allowed the privilege of bail during the pendency of appeal. Accordingly, the petitioners shall be released on bail on furnishing bond of Rs. 50,000/- each with two sureties of the like amount to the satisfaction of Special Judge, NDPS, Karbi Anglong. The learned Trial Court shall have the liberty to impose such conditions upon the petitioners to ensure that they Page No.# 3/3 surrender before the Court, in case the appeal does not succeed. Interlocutory application stands disposed of. JUDGE Comparing Assistant