GHC Rejects Bail Plea of Ranjan Daimary and others in Assam Serial Blast case
GUWAHATI: The Gauhati high court has rejected the bail plea of Assam serial blast convict and former supremo of National Democratic Front of Boroland (NDFB) Ranjan Daimary recently.
In January last year, he was granted interim bail by the high court after a home ministry directive to facilitate Daimary’s presence in the peace talks between the Centre and the NDFB doves.
In 2019, a special CBI court here awarded life imprisonment to Daimary and nine others for their involvement in the serial blasts of 2008 in Assam. The blasts in Guwahati, Kokrajhar, Bongaigaon and Barpeta claimed over 90 people dead and hundreds of others seriously injured.
Recently, Daimary and nine others moved the high court once again with a prayer for suspension of their sentence awarded by the learned Special Judge, CBI.
The petitioners’ counsel A K Bhattacharyya argued that adverse presumption has been drawn by the learned trial court against the accused persons due to the silence maintained by them or refusing to answer questions posed while recording their statement under Section 313 Cr.P.C.
That apart, the learned senior counsel has argued that the confession of a co-accused ought not to have been relied upon by the learned court below for convicting the applicants. Urging that the applicants have been in jail for a considerable period of time and there was no possibility of the connected appeal being heard in the near future, the counsel has prayed for releasing them on bail.
Opposing the said prayer, the CBI side submitted that the conspiracy hatched by the applicants for causing serial bomb blasts in various places in Assam has been established by cogent evidence brought on record and therefore, this was not a fit case for granting bail.
After hearing both the sides, the high court on April 1 observed, “Since the serial bomb explosions have been found to have been carried out in terms of a criminal conspiracy hatched by the five applicants, it is evident that unless the charge brought under Section 120B IPC is found to have been proved beyond a reasonable doubt, based on cogent evidence, the conviction of those accused persons may not be sustainable. However, whether the confessional statement of one Ajay Basumatary can be treated to be admissible in evidence in the light of Sections 10 and 30 of the Evidence Act is a matter that can be examined only during the final hearing of the appeal. As such, we are not inclined to consider the bail prayer of the applicant Nos.1 to 5 (Ranjan Daimary, George Boro, Khargeswar Basumatary, Rifikhang and Ajay Basumatary) at this stage.”
The court, however, granted bail to five others – Onsai Boro alias Ajit Boro, Indra Brahma, Baisagi Basumatary alias B. Bithurai, Lokhra Basumatary alias Lobo and Raju Sarkar, on furnishing bond of Rs.30,000/- each and one surety each of the like amount to the satisfaction of the CBI special judge.
However, they were asked to submit their passport before the learned trial court and also not leave the jurisdiction of the special judge without prior written permission.