The Gauhati High Court granted bail to Iftarul Ali in FC 489B IPC case. Despite recovery of fake notes, the court held investigation was unlikely to be adversely affected upon his release after 43 days detention, setting bail at Rs 25,000 with conditions.
Release on bail of Rs. 25,000/- with one surety of like amount to the CJM, Kamrup (M).
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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GAHC010124962019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1428/2019
1:IFTARUL ALI S/O. MD. GIYAS ALI, R/O. VILL. TELAHI BELPUKHURI, P.O. BANGALDHARA, P.S. DHARAMTUL, DIST. MORIGAON, ASSAM, PIN782412.
VERSUS 1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. A AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 04-06-2019
Heard Mr. A Ahmed, learned counsel for the accused-petitioner as well as Mr. H Sharma, learned Additional Public Prosecutor, Assam for the State respondent.
By this second application, under Section 439 of the Cr.P.C., the accused namely, Md. Iftarul Ali has prayed for grant of bail, in connection with Sonapur PS Case No. 225/2019 under Section 489 B of the IPC.
The earlier bail application being BA No.1016 of 2019, filed by the present accused and another stood dismissed vide order, dated 09.05.2019.
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The upto-date case diary, as called for, is placed before the Court.
Mr. A Ahmed, learned counsel for the accused petitioner, submits that the accused has been behind the bar for last 43 days and the accused is absolutely innocent as his co-accused Rubul Ali had taken loan of Rs.55,000/- from one Sahidul Islam of Baralimara for the purpose of purchasing sewing and embroidery machines, for which while coming to Guwahati on 22.04.2019, the fake currency notes were recovered by police. Mr. Ahmed also submits that the prime accused is, in fact, Sahidul Islam, who is yet to be arrested. According to Mr. Ahmed, the accused had no knowledge about the delivery of fake currency notes by Sahidul to Rubul Ali and they did not use the same.
Mr. H Sharma, learned Addl.P.P., Assam submits that the case diary reveals recovery and seizure of the fake currency notes from the present accused and another, namely, Rubul Ali, but there is no evidence that they used the same. Mr. Sharma further submits that the investigation has substantially progressed, but prime accused Sahidul is yet to be arrested.
The FIR reveals that the present accused and another possessed 26 Nos. of suspected currency notes, each of Rs.2000/- denomination.
On scrutiny of the case diary, it reveals that the accused along with another, namely, Rubul Ali were caught red-handed while carrying suspected currency notes as stated above. The accused is behind the bar for 43 days. The investigation has substantially progressed in respect of him.Therefore, this Court finds that if liberty of bail is granted to the accused, further investigation is unlikely to be adversely affected.
Accordingly, it is provided that the accused, namely, Md. Iftarul Ali shall be released on bail of Rs. 25,000/- with one surety of the like amount to the satisfaction of the learned CJM, Kamrup (M) subject, of course, to the following conditions:-
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3.That the accused shall not commit any similar offence, of which he is accused or suspected of commission
Return the case diary.
With the above directions, the bail application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused behind bar in a cheating by personation and fake currency case.
Whether the progress of investigation justifies further detention of the accused.
2 provisions across 2 enactments
Iftarul Ali
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
