This bail application by Nizam Uddin @ Posa, detained since November 2019 regarding an Rs.70,000 forcible theft under IPC Section 394, was allowed with Rs.20,000 bail on the grounds that further detention could be dispensed with.
Petitioner allowed to go on bail of Rs.20,000 with one 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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GAHC010021982020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 320/2020
1:NIZAM UDDIN @ POSA
S/O JOINAL ABDIN, R/O VILL-KUMARPARA, BADARPUR, P.S.-BADARPUR, DIST-KARIMGANJ, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
03-02-2020.
By filing this petition under Section 439 of the CrPC, petitioner Nizam Uddin @ Posa, who is in custody since 05.11.2019, has prayed for releasing him on bail in connection with Katigorah P.S. Case No.719/2019 (corresponding to G.R. No.5832/2019), under Section 394 of the IPC.
Heard the learned counsel for the parties and perused the case record.
The matter pertains to commission of forcible theft of Rs.70,000/- by the accused person from the informant and the said amount is already recovered and the accused is behind the bar since 05.11.2019.
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JUDGE
Taking note of all above and also the length of detention, it transpired that further detention of the accused may be dispensed with.
Accordingly the accused person named above is allowed to go on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Cachar at Silchar, in connection with the Katigorah P.S. Case No.719/2019.
The bail petition stands disposed of.
Comparing Assistant
1 issue framed by the court
Whether the petitioner is eligible for release on bail considering the length of detention and nature of offence.
2 provisions across 2 enactments
NIZAM UDDIN @ POSA
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
