Allowed

Nazimuddin v. the State of Assam

Gauhati HC16 Mar 2021Bail Appln./430/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the petitioner in a forest offence case. The court held that since the accused had been in custody for forty-one days, further detention was not necessary for the investigation.

What did the court decide?

Petitioner granted bail on a bond of Rs. 25,000 with surety upon satisfying the Sub-Divisional Judicial Magistrate, subject to specified conditions.

Nazimuddin Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010027432021

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./430/2021

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NAZIMUDDIN

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S/O LATE AKABBAR ALI, VILL-BAGEKHAITI, P.S.-MERECHAR, DISTBAONGAIGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE STANDING COUNSEL, FOREST DEPTT., ASSAM

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Advocate for the Petitioner : MR. P RAHMAN

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Advocate for the Respondent : SC, FOREST

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 16-03-2021

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Heard Mr. P Rahman, learned counsel for the petitioner. Also heard Mr. PN

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Page No.# 2/3

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Goswami, learned Standing Counsel, Forest.

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This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accusedpetitioner, namely, Nazimuddin, in connection with Forest CR Case No. 01/2010, registered under Sections 34/35/40/41/49 of the Assam Forest Regulation Act, 1981, read with Section 379 of the IPC.

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Mr. Goswami, learned Standing Counsel, Forest, has produced the case diary, which has been perused by this Court.

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On examination of the materials in the case diary and on hearing the learned counsel for both the sides, this Court is of the view that since the accused-petitioner has been in custody for 41 (forty one) days, as on date, his further custodial detention is not considered necessary in the interest of investigation of the case. Therefore, he is granted bail.

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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 a suitable surety of the like amount to the satisfaction of learned Sub-Divisional Judicial Magistrate (M), North Salmara, Abhayapuri.

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The direction for bail is further subject to the conditions that the accused-petitioner:

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(a) shall not leave the territorial jurisdiction of learned SubDivisional Judicial Magistrate (M), North Salmara, Abhayapuri, without prior written permission from him;

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(b) shall not hamper with the investigation, or tamper with the evidence of the case;

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(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; and

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(d) shall appear before the Divisional Forest Officer, Bongaigaon after his release on bail once in a week for 6 (six) weeks.

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Return the case diary.

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Page No.# 3/3

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The petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Nazimuddin v. the State of Assam

Case brief

What is this about?

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Nazimuddin v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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