Allowed

Sahidul Islam and Anr. v. the State of Assam

Gauhati HC9 Nov 2020AB/2346/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application under Section 438 CrPC. Finding that custodial detention was not warranted based on the recovery of timber and lack of evidence in the Case Diary, the court made interim bail absolute.

What did the court decide?

Interim anticipatory bail granted on 16.09.2020 made absolute with direction to cooperate with investigation.

Sahidul Islam and Anr. Vs the State of Assam — Environment and Pollution | Gauhati HC (2020)

¶1

Page No.# 1/2

¶2

GAHC010121832020

¶3

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

¶4

Case No. : AB/2346/2020

¶5

SAHIDUL ISLAM AND ANR.

¶6

S/O LT. JIBUTULLAH SK. R/O VILL. MAJORGAON, P.O. MAJORGAON, P.S CHAPAR, DIST. DHUBRI, ASSAM

¶7

2: IYASUR RAHMAN

¶8

VERSUS

¶9

THE STATE OF ASSAM REP. BY THE PP, ASSAM

¶10

Advocate for the Petitioner : MR H R A CHOUDHURY

¶11

Advocate for the Respondent : PP, ASSAM

¶12

BEFORE

¶13

HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER

¶14

09.11.2020

¶15

By this pre-arrest bail application under Section 438 CrPC, petitioner, namely, Sahidul Islam and Iyasur Rahman, have sought for pre-arrest bail, in the event of their arrest in connection with Chapar PS Case No. 301/2020, under Sections 379 IPC, read with Sections 34/35/40/41/49 of the AFR Act, 1891.

¶16

Also perused the record and the Case Diary.

¶17

Heard the learned counsel for both the sides.

¶18

Page No.# 2/2

¶19

So far as allegation in the FIR is concerned, forest officials recovered some huge quantity Teak and Non-Sal illegal sawn timbers from the premises of the accused persons and those were seized suspecting to be stolen or illegally obtained by the accused persons. The accused petitioners have produced the licenses issued to them under the Assam Panchayati Raj Act, 1986, to run their furniture shop in the name of M/s Light Furniture Shop, Rangamati Bazar and M/s Mehetab Alom Furniture Shops, Rangamati Bazar, vide Annexures-1 and 2 are the licences. Learned Senior Counsel for the petitioner submitted that such sawn timbers have been kept in the premises of the petitioners only for the purpose of making furniture and those were not stolen ones or illegally obtained.

¶20

Case Diary does not reflect anything to indicate that those articles were stolen or illegally obtained.

¶21

Considering all entirety of the matter, it transpires that custodial detention of the accused petitioners is not warranted. Accordingly, the interim bail granted to the petitioners on 16.09.2020, is hereby made absolute, with further direction to the petitioners to cooperate with the investigation of the case, as and when required.

¶22

Anticipatory Bail Application stands disposed of.

¶23

Return the Case Diary.

¶24

JUDGE

¶25

Comparing Assistant

Sahidul Islam and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sahidul Islam and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

National Insurance Company Limited Vs Musstt. Majeda Khatun and 6 Ors.

National Insurance Company Limited Vs Mustt. Bulbuli Khatun and 6 Ors.

Jamanur Ali Bepari Vs the State of Assam

Abhijit Aich @ Bhola Vs the State of Assam

Abu Sama Miya and 2 Ors. Vs the State of Assam and Anr.

Riten Pathak Vs the State of Assam