Allowed

Jiaul Hoque v. the State of Assam

Gauhati HC7 Oct 2021Bail Appln./2499/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted temporary bail to the applicant in a corruption case. The court observed that the FIR and forwarding report contained no specific allegations against the applicant. Noting the absence of the case diary and lack of incriminating material, the court held that further detention was violative of constitutional rights and ordered release on bail.

What did the court decide?

Released on bail by furnishing a bond of Rs.50,000/- and one local surety of like amount.

Jiaul Hoque Vs the State of Assam — Corruption | Gauhati HC (2021)

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GAHC010156522021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./2499/2021

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JIAUL HOQUE S/O NOWSHAD ALI OF VILL- CHATLABARI P.O. HAZO P.S. HAZO DIST.KAMRUP (R), ASSAM PIN-781102

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VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MS. T SOM

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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07.10.2021

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Heard Ms. T. Som, learned counsel appearing for the applicant. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor, Assam, appearing for the State, who

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submits that the case diary in connection with North Guwahati PS case No.144/2021 registered under Sections 120(B)/420/409/467/468/471 of the IPC, as called for by this Court, has not yet been received.

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The applicant herein was arrested on 21.09.2021 in connection with North Guwahati PS case No.144/2021 and since then, he is in custody. It appears that North Guwahati PS case No.144/2021 was registered on the basis of a complaint dated 20.09.2021 lodged by the Deputy Commissioner of the district. Ms. Som submits that the complaint dated 20.09.2021 does not disclose ingredients of any cognizable offence nor is there any specific allegation made against any individual including the present applicant. The learned counsel further submits that even the forwarding report does not disclose the ground of arrest or presence of any incriminating material against the applicant. Urging that the festive season is approaching, Ms. som submits that there is nothing to justify further custodial detention of the applicant. As such, the applicant be released on bail.

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The learned Addl. PP has, however, strongly opposed the prayer made in the application.

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I have perused the materials available on record and have also considered the submissions advanced by learned counsel for both the sides.

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It appears that on 20.09.2021, the Deputy Commissioner of Kamrup(R) had

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lodged a complaint before the Superintendent of the district, inter-alia, alleging certain anomalies in the functioning of the Revenue Department, causing difficulties to the citizens. It appears from the complaint that the Deputy Commissioner had taken note of complaints made in the media and the information collected from other sources regarding large scale irregularities and

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corrupt practices going on the Revenue Circle Offices, wherein, several middlemen and unauthorized intermediaries are believed to be active, demanding bribe from the innocent public in order to get their land related matters settled. It has also been mentioned in the complaint dated 20.09.2021 that several corrupt officials in the Circle Offices of the respective districts are engaged in the activities of collecting bribe with the help of middlemen. Since, such corrupt practices are hampering the functioning of the Revenue

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Administration causing inconvenience to the general public, hence, the matter be enquired into.

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It further appears from the materials on record that similar FIRs have been lodged by the Deputy Commissioners of almost all the districts in the State of Assam, on the same day i.e. 20.09.2021, enclosing a list of persons, who are suspected to be involved in such activities. The complaint lodged by the respective Deputy Commissioners are identical in form and content, resembling a printed form of FIR. There is, however, no specific allegation against any individual.

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The forwarding report addressed to the learned Chief Judicial Magistrate also does not indicate the ground of arrest of the applicant. There is no proper explanation as to why, the Case Diary, as called for by this Court, has not been produced today despite the fact that the applicant is in custody since 21.09.2021.

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After going through the materials available on record, I find that there is complete absence of any specific allegation against the applicant and the learned APP has also failed to indicate the ground of arrest of the applicant. Under such circumstances, although the learned APP has opposed the bail prayer, I am of the considered opinion that further detention/incarceration of the

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applicant in connection with this case, would be violative of his constitutional rights.

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It is, therefore, ordered that the applicant, viz. Jiaul Hoque be forthwith released on bail on furnishing a bond of Rs.50,000/- and one local surety of like amount to

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the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon.

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Bail application stands disposed of.

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JUDGE

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Comparing Assistant

Jiaul Hoque v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jiaul Hoque v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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