Bail application filed by an inmate arrested under the Wildlife Protection Act, 1972. The applicant argued that he had satisfied the statutory period of detention under Section 167(2) Cr.P.C. The High Court allowed bail.
The applicant was released on bail upon furnishing a bond of Rs. 30,000 with one local surety.
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.
Page No.# 1/3
GAHC010161292021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2650/2021
TAHEZUL ISLAM
S/O LATE MAKBUL HUSSAIN R/O SATGAON, SURJYA NAGAR, P.S. SATGAON, GUWAHATI-71 DIST. KAMRUP (METRO), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. N UDDIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 05-10-2021
Heard Mr. N. Uddin, learned counsel for the applicant. Also heard Mr. K.K. Parasar,
learned Addl. P.P. Assam appearing for the State.
Page No.# 2/3
The applicant herein was arrested on 03-08-2021 in connection with Ref. Case No. KNPR/3 of 2021 registered under Sections 26(A)/ 27/ 29/ 31/ 39(D) of Wildlife Protection Act, 1972 read with Section 51(B) of the Wildlife Protection (Assam Amendment) Act, 2009 and since then he is in custody.
By filing this application under Section 439 Cr.P.C. the applicant is seeking his release on bail.
By referring to the FIR, Mr. Uddin submits that the maximum period of punishment in this case is up to 10 years and therefore, in view of the provision of Section 167(2) of the Cr.P.C., the applicant has already spent the statutory period of detention of 60 days in custody. Under the circumstances, the applicant be released on bail.
Mr. Parasar, learned Addl. P.P. Assam submits that insofar as the length of detention is concerned, he does not have any objection in the matter. The learned Addl. P.P., however, submits that on the merit of the case, he opposes the bail prayer in principle.
Taking note of the submission of the learned counsel for the parties, more particularly the length of detention of the applicant, who has completed 63 days as on date, I am of the view that present is a fit case where the applicant deserves to be released on bail.
It is, therefore, provided that the applicant, viz. Tahezul Islam be released on bail on furnishing bond of Rs. 30,000/- with one local surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati.
With the above observation, this bail application stands disposed of.
Page No.# 3/3
JUDGE
GS
Comparing Assistant
2 issues framed by the court
Whether the applicant is eligible for bail upon completion of the statutory period of detention.
Whether the length of detention warrants release on bail under Section 167(2) of the Cr.P.C.
4 provisions across 3 enactments
Tahezul Islam
The State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
