Bail application filed under Section 439 Cr.P.C. Granted default bail to accused-petitioner because investigation was not completed within the statutory 60-day period and charge-sheet was not laid by the respondent.
Petitioner granted default bail on furnishing bond of Rs.25,000 with two sureties of like amount.
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GAHC010153512021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2456/2021
NUR AHMED BARBHUYAN SON OF ABDUL KUDDUS BARBHUYAN VIOLL- BAKULGURI, PADUMONI P.O. BAROPUTIA,P.S. KAMPUR DIST. NAGAON, ASSAM, PIN-782428
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
03-11-2021
This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Nur Ahmed Barbhuyan, in connection with Golaghat Police Station Case No. 562 of 2021 , registered under Section 420/120(B)/468/471/419/403 of the IPC, read with Section 66(C) of the I.T. Act . Heard Mr. H.R.A. Choudhury, learned senior counsel, assisted by Mr. J. Abedin, learned counsel appearing for the petitioner and Mr. B.B. Gogoi, learned
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Additional Public Prosecutor.
The case diary received.
The learned counsel for the petitioner has submitted that the accused-petitioner has been in custody for a period of 60 days as on date, with effect from 04-092021, excluding the date of remand.
The learned Additional Public Prosecutor has submitted that investigation in this case has not been completed yet and charge-sheet has not been laid.
Considering the offences under which the case has been registered, the statutory period for completion of investigation in the case of instant nature is 60 days. Since investigation could not be completed within the statutory period and charge-sheet has not been laid till date, the petitioner is entitled to grant of default bail.
That being so, the petitioner is granted default bail.
Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.25,000/- with two suitable sureties, each of the like amount, to the satisfaction of learned jurisdictional Chief Judicial Magistrate.
The direction for bail is further subject to the conditions that the accusedpetitioner:
(a) shall not leave the territorial jurisdictional Chief Judicial Magistrate, without prior written permission from him;
(b) shall not hamper with the investigation of the case and tamper with the evidence of the case;
(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
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In terms of the above, this bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether default bail is appropriate given the incomplete investigation exceeding the statutory period.
Whether the accused petitioner is entitled to release on bail upon furnishing bond.
3 provisions across 3 enactments
Nur Ahmed Barbhuyan
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
