The High Court granted bail to the petitioner, a driver alleged in relation to the misappropriation of PDS articles, as his further detention was deemed unnecessary for investigation after 13 days.
Bail granted to the accused-petitioner upon furnishing a bond of Rs. 10,000 with one surety to the satisfaction of the CJM.
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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GAHC010001192019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 6/2019
1:JAHEDUL ALI S/O. LT. RAMJAN ALI, VILL. PAKDABILL (PATHAR), P.S. AND DIST. BARPETA, ASSAM-781316.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MS. T SOM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 04-01-2019
This is an application, filed under Section 439 Cr.PC, praying for bail of the accused-petitioner, namely, Jahedul Ali, in connection with Barpeta PS Case No. 2723/2018 under Sections 406/407 IPC read with Section 7 of E.C. Act.
Heard Ms. T. Som, learned senior counsel for the accused-petitioner as well as Mr. K. Konwar, learned Additional PP for the state.
Perused the petition as well as the annexures furnished therewith. The accused-petitioner is a driver of the vehicle which allegedly carried PDS articles and chased by the public. On perusal of the FIR itself, it is found that the allegation is basically against the Secretary of the Samabay Samittee involved in this case. On the other hand, the accused-petitioner has been in custody w.e.f. 22.12.2018, and as such, for a period of 13 days as on date. Considering the nature of the allegation against the accused-petitioner and the period of detention, his further
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custodial detention is not necessary, in the interest of investigation of the case, and accordingly, his prayer is allowed.
The accused-petitioner is granted bail on his furnishing a bail bond of Rs. 10,000/- with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta.
The bail petition stands disposed of accordingly.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused-petitioner in a cheating and forgery case involving misappropriation of PDS articles.
Whether the period of detention warrants additional custodial remand.
2 provisions across 2 enactments
Jahedul Ali
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
