The Gauhati High Court granted bail to the applicant, arrested under IPC sections for a fatal mob attack, deeming his case fit for release due to custody duration and unclear individual role in inflicting injury.
Applicant released on bail on furnishing a bond of Rs. 20,000 with one local surety of like amount.
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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GAHC010101912020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1489/2020
1:ABDUR ROSE PRADHANI
S/O LATE AKBAR ROSE PRADHANI, R/O VILL. KOWARPUR, P.S. HAJO, DIST. KAMRUP, ASSAM.
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : MR R D GOSWAMI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 28-08-2020
Heard Mr. R.D. Goswami, learned counsel for the applicant. Also heard Mr. H. Sarma, learned APP, Assam, appearing for the State, who has produced the case diary.
Perused the case diary.
The applicant was arrested on 14/06/2020 in connection with Hajo P.S Case No. 569/2020 registered under Section 147/148/149/120(B)/341/398/326/307/302 of the IPC. Since then, he is in custody.
It appears that the applicant was a part of the mob which had fatally attacked the victim. However, from the case diary, it is not clear as to whether the applicant had any role to play in
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inflicting injury upon the victim.
Therefore, considering the facts and circumstances of the case as well as the length of custodial detention of the applicant, I am of the view that the present is a fit case where the applicant deserves to be released on bail.
The applicant, viz. Md. Abdur Rose Pradhani be released on bail on furnishing bond of Rs. 20,000/- (Rupees twenty thousand) with one local surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup.
The learned CJM would be at liberty to impose any further condition for release of the applicant on bail, if deemed necessary.
Bail application stands disposed of accordingly.
JUDGE
Sukhamay
Comparing Assistant
1 issue framed by the court
Whether the present case is fit for granting bail given the shared role in the fatal attack and the length of custodial detention.
Md. Abdur Rose Pradhani
The State of Assam Represented by PP, Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
