Bail application filed under Section 439 Cr.PC. Court found case diary devoid of incriminating material. Accused granted bail with conditions and fine.
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GAHC010017752020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 266/2020
1:MD. SAHABUDDIN AND ANR.
S/O MD. SELIMUDDIN @ SOLIM UDDIN, VILL-NO-2 ISLAMPUR, P.S.BIHPURIA, DIST-LAKHIMPUR, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. M RAHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 25-02-2020
This application under Section 439 Cr.PC, has been filed praying for bail of the petitioners, namely, 1. Md. Sahabuddin and 2. Md. Foriduddin, who are in detention in connection with Laluk PS Case No. 458/2019 under Section 120(B)/420 IPC.
Heard Mr. M. Rahman, learned counsel for the petitioners and Mr. H. Sarma, learned Addl. P.P. for the respondent.
Learned counsel for the petitioners submits that the petitioners were no way connected with the offence alleged in the present case.
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The allegation made in the FIR lodged by a police constable was that having received an information that some miscreants were trying to cheat the common people by selling fake gold, the police searched the said persons and arrested some persons with cash money. Later on, these petitioners were also arrested in connection with the said case.
Case diary produced today does not reflect any incriminating material against the petitioners and as such they are allowed to be enlarged on bail of Rs. 20,000/each with one suitable surety each of the like amount to the satisfaction of the learned CJM, North Lakhimpur, subject, of course, to the following conditions:
Bail application is disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioners deserving bail under Section 439 Cr.PC as no incriminating material exists against them in the case diary?
Whether accused petitioners shall keep bail conditions including cooperation in investigation and not influencing witnesses?
2 provisions across 2 enactments
Md. Sahabuddin
Md. Foriduddin
The State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
