In a bail application under Section 439 CrPC regarding NDPS charges, the Gauhati High Court granted default bail to two accused persons who had completed the statutory period in custody without a filed charge sheet, fixing bail at Rs. 20,000 each.
Accused allowed to go on bail of Rs. 20,000 each with two sureties.
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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GAHC010124062020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1820/2020
IBOTON SINGH AND 2 ORS.
S/O AGOBI SINGH, R/O VILL. URAM LOKAI, P.S IMPHAL WEST DISTIMPHAL STATE- MANIPUR
2: IBEM CHOUBI DEVI W/O LATE AMU SINGH R/O WARGING, P.S. MANIPUR DIST. THOUBAL, MANIPUR
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. A. MEDHI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 06-11-2020
By this application under Section 439 CrPC, petitioners, namely, 1) Iboton Singh and 2) Ibem Choubi Devi, who were arrested on 09.05.2020, have prayed for granting them regular bail, in connection with Basistha PS Case No. 640/2020, under Section 22 (C) of the NDPS Act.
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Heard the learned counsel for both the sides.
Also perused the record and the FIR.
It has been submitted by the learned Additional Public Prosecutor that the charge sheet has not yet been submitted, whereas, the accused has completed 182 days in judicial custody by this time.
As the statutory period is over, the accused is entitled to default bail. Considering all entirety of the matter, the accused petitioners, aforesaid, are hereby allowed to go on bail of Rs. 20,000.00 (each), with two sureties of the like amount, one of which should be a local one, to the satisfaction of learned Special Judge, Kamrup (M).
Bail Application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused are entitled to regular bail after exceeding the statutory period in judicial custody without a charge sheet.
1 provisions across 1 enactments
Iboton Singh
Ibem Choubi Devi
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
