Gauhati High Court rejects bail plea of Ranjan Daimari

STAFF REPORTER

GUWAHATI: The Gauhati High Court has rejected the bail plea of former chief of a faction of NDFB (National Democratic Front of Boroland) Ranjan Daimari and four other convicted persons while granting bail to five others in the serial bomb blasts on October 30, 2008.

Mentionably on January 31, 2019, the Special Judge of CBI (Central Bureau of Investigation) had sentenced imprisonment all of them in the serial bomb blasts at Guwahati, Kokrajhar, Bongaigaon and Barpeta in 2008.

Following the judgement of the CBI Court, Daimari and nine others moved the Gauhati High Court in 2019 with the prayer for suspension of their respective sentences.

The Bench of Gauhati High Court comprising Justice Suman Shyam and Justice Mir Alfaz Ali, observed, "We have considered the submissions made by the learned counsel for both the sides and have gone through the materials available on record.

"After going through the impugned judgment and order passed by the learned Special Judge, we find that the conviction of the appellants/ applicants is on the basis of circumstantial evidence whereby the learned Court below has relied upon the confessional statement made by applicant Ajay Basumatary, implicating applicants Ranjan Daimari, George Boro, Khgargeswar Basumatary, Rajendra Goyari and another absconding accused in a conspiracy that was hatched to cause the serial bomb explosions on 30.10.2008.

"The confession of applicant Ajay Basumatary prima-facie appears to be inculpatory in nature and has been relied upon so as to establish the charge brought under Section 120B of the IPC. In the confessional statement, applicant Ajay Basumatary, however, has not implicated the other accused persons.

"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 reasonable doubt, based on cogent evidence, the conviction of those accused persons may not be sustainable.

"However, whether the confessional statement of applicant 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 prayers of applicants — Ranjan Daimari, George Boro, Ajay Basumatary, Khgargeswar Basumatary, Rajendra Goyari at this stage.

"However, on an appreciation of the materials available on record and taking note of the period of detention stated to have been undergone by five applicants — Onsai Boro alias Ajit Boro, Indra Brahma, Baisagi Basumatary alias B. Bithurai, Lokhra Basumatary alias Lobo and Raju Sarkar be released on bail on furnishing bond of Rs 30,000 each and one surety each of the like amount to the satisfaction of the learned Special Judge, CBI.

"As an additional condition for granting bail, we also direct that the above five applicants shall submit their passports before the learned trial Court, if not already done, and shall also not leave the jurisdiction of the learned Special Judge without prior written permission."

Earlier last year, the Gauhati High Court had granted interim bail to NDFB chief Ranjan Daimari to enable him to participate in the peace talks with the government.

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