The Gauhati High Court dismissed an appeal for bail filed by Ramzan Alam, accused of murder and causing death. The court held that despite completed investigation, the accused's conduct indicated a high risk of non-attendance at trial, making bail inappropriate for this serious offence.
Bail applied for by the accused is rejected.
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.
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GAHC040007912022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : BA 64/2022
1:Md. Shabuddin S/o Sainul Nessa, R/o Vill Gochi, PO and PS Kesariya, Dist. East Champaran, Bihar, Pin 845401 VERSUS 1:THE STATE OF AP Represented by the Public Prosecutor, Arunachal Pradesh.
Advocate for the Petitioner : N Dubey
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE ROBIN PHUKAN
ORDER
12.08.2022
Heard Mr. N. Dubey, learned counsel for the accused. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent.
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This application, under Section 439 of the Code of Criminal Procedure, is preferred by accused, namely, Ramzan Alam, who is languishing in jail hazot in connection with Chimpu P.S. Case No. 18/2022, under Sections 302/201 of the Indian Penal Code , since 06.04.2022, for grant of bail.
It is to be noted here that Chimpu P.S. Case No. 18/2022, under Sections 302/201 of the Indian Penal Code, has been registered on the basis of one F.I.R., lodged by one Subhagan, PA to DGP, on 01.04.2022, to the effect that on 01.04.2022, at 06.59 a.m., he got telephonic call from Ct. Raj Thapa that SI Shibu George is found in his quarter, located at SRPL colony, with blood stain. Immediately, after receiving the information, he reported the matter to SDPO, Itanagar, and senior police officer.
Mr. N. Dubey, learned counsel for the accused, submits that the accused was arrested on 06.04.2022 and since then, he has been languishing in jail hazot. Mr. Dubey further submits that in the meantime, the I.O. has completed investigation and submitted Charge-Sheet against the accused and as such, there is no scope for hampering investigation or tampering witnesses. Mr. Dubey further submits that the accused hails from Bihar, but he went to Barakpur, West Bengal, for doing works and from there, he was arrested and taken to Chimpu and remanded to jail hazot and that he will participate in the trial and therefore, it is contended to allow the petition.
On the other hand, Ms. T. Jini, learned Additional Public Prosecutor, producing the case record and the Case Diary before this Court, submits that the accused, along with the co-accused, hatched conspiracy to kill the SI Shibu
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George and they have executed the plan meticulously and thereafter fled away to their native place and when police team reached his native place at Bihar, he fled away to West Bengal and from West Bengal, police arrested him and produced him before the Court below and now, he is languishing in jail hazot. Ms. Jini further submits that if he is enlarged on bail, at this stage, then it will be difficult for the prosecution to procure his attendance during trial and therefore, it is contended to dismiss the petition.
Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the scanned copy of the Case Diary and the case record, produced before this Court by the learned Additional Public Prosecutor.
It appears that the investigation, in the meantime, completed and the I.O. has laid Charge-Sheet against the accused. It also appears form the record that the accused, along with the co-accused, hatched conspiracy to kill SI Shibu George and meticulously executed the plan and thereafter fled away to their native place and when police team arrived at his native place at Bihar, he fled away to West Bengal and from West Bengal, he was arrested and produced before the Court below. Though Charge-Sheet is submitted and though there is no question of hampering investigation or tampering witnesses, yet from his conduct, it appears that if he is enlarged on bail, it would be difficult to procure his attendance during trial and there is every chance of misusing the liberty if the privilege of bail is granted to him. The offence is serious in nature and the punishment prescribed is also severe.
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In view of above, this Court is of the view that this is not a fit case where
the privilege of bail can be extended to the accused and accordingly, the same stands rejected.
The case record along with the Case Diary be returned.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the appeal for bail should be allowed in a murder case where the accused is likely to abscond if released.
Whether the accused has participated in a conspiracy to kill a police officer.
2 provisions across 2 enactments
Ramzan Alam
The State of Arunachal Pradesh
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
