Sorhab Ali vs The State Of Assam on 10 March, 2026

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    Gauhati High Court

    Sorhab Ali vs The State Of Assam on 10 March, 2026

    Author: Michael Zothankhuma

    Bench: Michael Zothankhuma

                                                                             Page No.# 1/4
    
    GAHC010278032025
    
    
    
    
                                                                      undefined
    
                                  THE GAUHATI HIGH COURT
       (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                                    Case No. : I.A.(Crl.)/1359/2025
    
                SORHAB ALI
                S/O- LATE CHAND ULLAH SEIKH, R/O- AIRONJONGLA PART-III, PS
                DHUBRI, DIST- DHUBRI 783323
    
                VERSUS
    
                THE STATE OF ASSAM
                REP BY THE PP, ASSAM
    
                2:THE INSPECTOR GENERAL OF PRISONS
                ASSAM PRISON HEADQUARTERS
                 KHANAPARA
                 GUWAHATI 781022
    
                3:THE SUPERINTENDENT OF JAIL
    
                 DHUBRI DISTRICT JAIL
                 A.K AZAD ROAD
                 DHUBRI
                 ASSAM 783301
    
                4:THE DISTRICT MAGISTRATE CUM DISTRICT COMMISSIONER
    
                 DHUBRI DISTRICT CIRCLE
                 ASSAM 78330
    
    Advocate for the Petitioner   : MR SHAHIN YUSUF, MR. A K TALUKDAR,M RAHOMAN,MR. S
    I KHAN
    
    Advocate for the Respondent : PP, ASSAM,
                                                                               Page No.# 2/4
    
    
               Linked Case : Crl.A./168/2025
    
               SORHAB ALI
               S/O- LATE CHAND ULLAH SEIKH
               R/O- AIRONJONGLA PART-III
               PS DHUBRI
               DIST- DHUBRI 783323
    
    
               VERSUS
    
               THE STATE OF ASSAM
               REP BY THE PP
               ASSAM
    
               ------------
               Advocate for : MR NIKUNJA KUMAR SARMA
               Advocate for : PP
               ASSAM appearing for THE STATE OF ASSAM
    
    
    
                                    BEFORE
                  HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                      HONOURABLE MR. JUSTICE PRANJAL DAS
    
                                               ORDER
    

    Date : 10/03/2026
    (Michael Zothankhuma, J)

    1. Heard Mr. A.K. Talukdar, learned counsel for the applicant/appellant and Mr.
    R.R. Kaushik, learned APP, appearing for the State.

    SPONSORED

    2. This is an application for grant of Parole for the purpose of performing the
    rituals connected with the passing away of the mother of the applicant on
    22/11/2025. The learned counsel for the applicant submits that the applicant has been
    convicted under section 326/307 IPC vide impugned judgement dated 27/09/2024
    passed by the Court of learned Additional Sessions Judge, Dhubri, in Sessions Case
    No. 159/2016, arising out of Dhubri PS Case No. 1127/2013. The appellant was
    sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs. 3,000/-, in
    Page No.# 3/4

    default, rigorous imprisonment for 3 months under section 326 IPC. He was also
    sentenced to undergo rigorous imprisonment for 8 years with a fine of Rs. 3,000/-, in
    default, rigorous imprisonment for 3 months under section 307 IPC.

    3. The applicant’s counsel submits that due to the death of his mother, he had

    to conduct the rituals of Fatiha and Challiswa on the 40th day of the death of his
    mother. However, due to the fact that the application had been first listed before the
    learned Single Judge and subsequently had to be transferred to this Court, the
    applicant could not conduct the rituals in time. He submits that the said rituals are to
    be conducted by the applicant, as his child, who is a minor living with his wife, cannot
    do it. He accordingly prays that around 40 days parole may be granted for conducting
    the rituals. Thereafter, he will return back to jail as per the directions passed by this
    Court.

    4. Mr. R.R. Kaushik, learned APP, Assam, submits that the rituals that is stated
    to be required to be done by the applicant, can be done by any relative, inasmuch as,
    the same is not a mandatory religious ritual. The same is only a social obligation which
    can be done by any relative of the applicant. He accordingly submits that the
    application should be rejected.

    5. We have considered the provisions of section 67 of the Assam Prisons Act,
    2013 and the judgement of the Supreme Court in the case of Asfaq Vs. State of
    Rajasthan and others
    reported in (2017) 15 SCC 55, wherein the difference
    between parole and furlough has been explained. Both are in relation to conditional
    release, which can be granted for short term imprisonment and long term
    imprisonment respectively.

    6. On considering the fact that the applicant is required to undertake some
    rituals due to the death of his mother in November, 2025, we hereby allow the
    applicant’s prayer for parole for a period of 12 (twelve) days, with effect from
    Page No.# 4/4

    11/03/2026 till the evening of 23/03/2026, whereafter, he will surrender back to the
    Jail Authorities. Accordingly, the parole from 11/03/2026 till 23/03/2026 is granted,
    subject to the following conditions :-

    (i) The applicant shall furnish a personal bond of Rs. 50,000/- (Rupees
    fifty thousand), with 1(one) surety of like amount to the satisfaction of the Jail
    Superintendent.

    (ii) He shall reside only in the address mentioned in the memo of parties
    and shall not leave the jurisdiction of the concerned Police Station without prior
    intimation in writing and approval.

    (iii) The applicant, shall on his release, immediately report before the
    Officer-in-Charge of the Dhubri Police Station.

    (iv) He shall submit his mobile number as well as the mobile number of
    his wife for further communication, if required.

    (v) The applicant shall surrender before the Jail Authorities on or before
    23/03/2026 at 4:00 p.m.

    (vi) In the event of breach of any of the above conditions, the same shall
    entail cancellation of the parole granted, forthwith.

    7. IA is accordingly disposed of.

                          JUDGE                       JUDGE
    
    
    
    Comparing Assistant
     



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