Gauhati High Court
Sorhab Ali vs The State Of Assam on 10 March, 2026
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
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GAHC010278032025
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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,
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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.
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
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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
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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