Three accused petitioners in custody for robbery and arms charge filed a bail application under Section 439 Cr.P.C. The court found investigation completed and unnecessary further custody, granting bail on furnishing a bond of Rs 20,000 each with an equivalent surety.
Bail granted on furnishing bond of Rs 20,000/- each with a surety of the like amount.
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GAHC010005592018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 95/2018
1:MOHIDUL ISLAM S/O LT. NURUL SEIKH R/O VILL- GHANSIMOLA, P.S. KHARUPETIA DIST. DARRANG, ASSAM 2: MD. JOINAL ABEDIN S/O LT. NUR MOHAMMAD VILL- UJHAGAON P.S. DHULA DIST. DARRANG ASSAM 3: MD. JAHAD ALI S/O MD. FAJAR ALI R/O VILL- BIHUDIA P.S. KHARUPETIA DIST. DARRANG ASSA VERSUS 1:THE STATE OF ASSAM GHC, GUWAHATI
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 02-02-2018
Heard learned counsel for both the parties.
By filing this application under Section 439 Cr.P.C. the accused-petitioners, namely, 1. Md. Mohidul Islam, 2. Md. Joinal Abedin and 3. Md. Jahad Ali who is in custody since 20.12.2017 in connection with Sipajhar PS Case No. 1045/2017 corresponding GR Case No. 4227/2017 u/s 395/397 IPC r/w Section 25 (i)(a) of the Arms Act, praying for bail.
Perused the records and case diary.
According to the FIR an amount of Rs.7,50,000.00 and some gold ornaments were looted from the house of the informant as on 20.12.2017 and subsequently the present petitioner alongwith some others were apprehended by the police. An amount of Rs.2,14,000/- was recovered from all the arrested persons. However, no gold ornaments were recovered from them. The learned Addl. PP has submitted that the investigation has already been completed and nothing remained for further investigation.
After perusing the case diary and considering the submission of the learned counsel for the petitioners as well as learned Addl. PP and also the length of detention of the accused petitioners, this Court is of the view that further custodial detention of the accused petitioners is not required. Accordingly, bail application is allowed providing that the accused petitioners shall be released on bail in connection with the aforementioned case on furnishing bail bond of Rs. 20,000/- each with a surety of the like amount to the satisfaction of the learned CJM, Darrang, Mongaldoi.
With the aforesaid directions bail application stands disposed of.
Return the case dairy.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the accused petitioners in custody for robbery and arms charge are entitled to bail on furnishing bond.
Whether further custodial detention of the accused petitioners is required after investigation completion.
4 provisions across 3 enactments
Md. Mohidul Islam
Md. Joinal Abedin
Md. Jahad Ali
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
