Allowed

Papai Barman and 3 Ors. v. the State of Assam

Gauhati HC12 Feb 2018Bail Appln./250/2018

Case brief

AI extract

What is this about?

The High Court granted bail to four accused persons facing charges of murder, theft, and illegal possession of arms. The court reversed a prior rejection where the trial court feared witness tampering. The High Court accepted undertakings to appear for trial and ensure witness safety.

What did the court decide?

Granted bail of Rs. 20,000 each with a surety of the like amount, subject to undertakings not to tamper with witnesses.

Papai Barman and 3 Ors. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010022602018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln. 250/2018

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1:PAPAI BARMAN AND 3 ORS. S/O SRI MATILAL BARMAN VILL- SHANTINAGAR, WARD NO. 1, P.S. AND DIST. KOKRAJHAR, ASSAM

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2: SRI BISWAJIT BARMAN S/O LT. SURESH BARMAN VILL- PATHARGHAT WARD NO. 2

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P.S. AND DIST. KOKRAJHAR ASSAM

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3: SRI BOLAI HALDER S/O LT. KHITEN HALDAR VILL- TENGAPARA P.S. AND DIST. KOKRAJHAR ASSAM

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4: MD. MOZINUR ISLAM S/O MD AFSAR ALI VILL- KURSHAKTI P.S. SAPATGRAM DIST. DHUBRI

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VERSUS

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1:THE STATE OF ASSAM REP. BY PP, ASSAM, GUWAHATI

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Advocate for the Petitioner : MR. M U MAHMUD

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 12-02-2018

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By this application u/s 439 of the CrPC accused petitioners 1) Sri Papai Barman, 2) Sri Biswajit Barman,3) Sri Bolai Halder and 4) Md.Mozinur Islam sought bail in connection with Sessions Case No.235/2017 pending before the learned District & Sessions Judge, Kokrajhar in connection with Kokrajhar P.S.Case No.564/2017 U/S 458/302/394 IPC.

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Heard Mr MU Mahmud, learned counsel for petitioner and Mr TK Misra, learned additional public prosecutor.

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This court on previous occasion disposed the bail petition filed prior to filing of chargesheet with direction to trial court to consider bail petition if so filed by the petitioner considering the material of case diary. Meanwhile, charge sheet has been filed and charge is also framed u/s 458/302/394 of the IPC read with Section 25(1A) of the Arms Act and one witness is examined. The bail prayer moved is rejected, after framing charge and examining one witness on the ground that the accused might hamper the witnesses on their release.

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Learned counsel for petitioner submits that petitioners being residents of the same locality have undertaken to face trial and not to transfer the trial. Also stated that there is no complicity of the petitioners with the alleged offence.

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According to FIR by some unknown persons looted a sum of Rs 2.50 lakh with ornaments from the Mandir and killed the priest of such Mandir of new market

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Page No.# 3/3

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Kokrajahr. Petitioners were arrested on 12.9.2017 on suspicion. Their finger prints were collected and sent to FSL. The FSL reports reveals that the handwriting does not match. On the next it is stated that 5 accused are chargesheeted, and as many as 25 witnesses are enlisted to be examined. It is obvious that to examine the rest of the witnesses it will take a considerable time for the prosecution to conclude the trial.

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In view of all above and the undertaking given by the petitioners to face trial regularly, this court is inclined to grant them bail. They are allowed to go on bail of Rs 20,000 each with a surety of the like amount to the satisfaction of the learned Sessions Judge, Kokrajhar on condition that they will not hamper or tamper any of the witnesses and will not default in attending the court and violation of condition may invite rejection of the bail. Accordingly the petition is disposed of.

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JUDGE

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Comparing Assistant

Papai Barman and 3 Ors. v. the State of Assam

Case brief

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Papai Barman and 3 Ors. v. the State of Assam

Case brief

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