The Gauhati High Court granted bail to the accused-petitioner, who had been in custody for 47 days, in an absurdly brief order allowing bail without stating the reasons for release.
Bail granted on bond of Rs. 25,000/- with one suitable surety on conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010000932019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 10/2019
1:SHAMIM AHMED
S/O MD. ABU TAHER MIYAN, R/O VILL NAMBARPARA, PO NAMBARPARA, PS ABHAYAPURI, DIST. BONGAIGAON, PIN-783384
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 11-01-2019
This is an application, filed under Section 439 Cr.PC, praying for bail of the accused-petitioner, namely, Shamin Ahmed, in connection with Garchuk PS Case No. 30/2018 under Section 381 IPC.
Heard Mr. M.U. Mondal, learned counsel for the accused-petitioner as well as Ms. S.H. Bora, learned Additional Public Prosecutor for the state respondent. Case diary produced has been perused.
The accused-petitioner has been in custody for 47 days as on date. It appears from the forwarding report that he has been arrested merely on suspicion. Therefore, considering the period of detention of the accused-petitioner, his further custodial detention, for the purpose of investigation of the case is not necessary, and accordingly, his prayer is allowed.
The accused-petitioner is granted bail on his furnishing a bail bond of Rs.
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25,000/- with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati, on the following conditions :
The bail petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the accused-petitioner is entitled to bail after 47 days of custodial detention on mere suspicion.
Whether further custodial detention is necessary for investigation.
2 provisions across 2 enactments
Shamim Ahmed
The State of Assam Rep. by PP, Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
