Bail application rejected for undertrial accused in a murder case. Court held trial court is best forum and was not satisfied with grounds of prolonged custody and informant's failure to identify petitioner.
Bail prayer of the petitioner is rejected; application disposed of.
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GAHC010161002021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2660/2021
JAKIR HUSSAIN SSON OF ROHIT MIYA R/O VILL- CHITALMARI CHAR P.O. MOIRABARI, P.S. MOIRABAI PIN-782126, DIST. MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM, GUWAHATI
Advocate for the Petitioner : MR D J HALOI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 01-12-2021
Heard Mr. D.J. Haloi, learned counsel for the petitioner and Mr. R.R. Kaushik, learned Addl. P.P., Assam.
By this second application under Section 439 Cr.P.C., the accused
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petitioner, namely, Jakir Hussain has prayed for bail in connection with Moirabari P.S. Case No. 83/1991 (Sessions Case No. 82/2002) under Section 302/34 IPC.
The earlier bail application filed by the petitioner was rejected after perusal of the case diary. In the present application, the petitioner has taken two new grounds for consideration of his bail prayer.
The first ground is that he has already completion more than 700 days in custody. The second ground is that during trial, the informant has failed to identify him, rather, the informant has stated that he was not involved in the alleged incident.
I have given my anxious consideration to the submissions made by the learned counsel for both the sides.
In the trial court, only one witness has been examined. There are other witnesses to be examined yet.
Regarding allowing a prayer for bail of an under trial, law has been settled by the Supreme Court. In Kalyan Chandra Sarkar Vs. Rajesh Ranjan reported in (2005) 2 SCC 42 , the Supreme Court has observed as under:
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bail, where fact situations require it to do so.
This court is of the opinion that in the case of bail prayer of an under trial, it is the trial court, which is the best forum to consider his prayer. At this stage, this court is not satisfied with the bail prayer of the petitioner. Therefore, the bail prayer of the petitioner is rejected.
The bail application is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail application of an undertrial accused in a Section 302 IPC case should be allowed despite custody exceeding 700 days and lack of identification by the informant during trial.
Colour shows how this judgement treated each authority
Kalyan Chandra Sarkar Vs. Rajesh RanjanReferred¶21
Kalyan Chandra Sarkar Vs. Rajesh Ranjan (2005) 2 SCC 42 · Who else cites this
1 provisions across 1 enactments
Jakir Hussain
The State of Assam
Partshivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
