The Gauhati High Court allowed bail to the accused petitioner in an NDPS Act case, concluding that default bail is applicable after the statutory period of 180 days elapsed without the filing of a charge-sheet.
Released on bail upon furnishing a bond of Rs. 25,000 with one suitable surety to the satisfaction of the Special Judge, Morigaon.
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.
Page No.# 1/2
GAHC010096892020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1430/2020
1:MD. HABIL
S/O MD. ABDUL KARIM, R/O VILL-BORBORI, P.S.-LAHORIGHAT, DISTMORIGAON, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR J C BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 19-10-2020
By this application under Section 439 Cr.P.C. , the accused-petitioner, namely, Md. Habil has sought for bail in connection with Lahorighat Police Station Case No. 128/2020 , registered under Sections 21(a)/21(C) of NDPS Act.
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, appearing for the State. Also perused the materials on record and the case diary.
It has been submitted by the learned counsel for the petitioner that the accused petitioner has completed the statutory period of 180 days by this time and charge-sheet has not yet been submitted and he is entitle to go on default bail.
Considering all entirety of the matter, the present accused petitioner is hereby allowed to released on bail in connection with the case aforementioned on furnishing bail bond of Rs.25,000/- with one suitable
Page No.# 2/2
surety of the like amount each, to the satisfaction of the Special Judge, Morigaon. In terms of the above, this bail application stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused petitioner is entitled to bail after the completion of the statutory period of 180 days without charge-sheet being filed.
2 provisions across 2 enactments
Md. Habil
State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
