The Gauhati High Court granted bail to the applicant on default after 59-60 days of detention, directing release upon furnishing a bail bond of Rs.15,000 with one surety, pending the submission of the charge sheet.
Released on bail on furnishing a bail bond of Rs.15,000 with one surety of the like amount.
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.# 1/2
GAHC010118202022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1409/2022
ROMIZ ALI S/O LATE AMIR ALI R/O VILL- KADAMGURI P.S. HOWLY DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. T HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
04.08.2022
Heard Shri T Hussain, learned counsel for the applicant, namely, Romiz Ali, who has filed this bail application under Section 439 of the Cr.PC praying for bail in connection with Hatigaon PS Case No.272/2022, corresponding to GR No.4881/2022 under Sections 279/337/338/427/308 of the IPC.
Page No.# 2/2
Without going into the merits of the case, the learned counsel for the applicant submits that today is the 60th day for him behind the bars. He, accordingly prays for grant of bail on default.
On the other hand, Ms. N Das, learned Addl. PP, Assam submits that today is the 59th day.
Be that as it may, considering the length of detention and also the fact that the charge sheet is yet to be submitted, it is directed that the applicant be released on bail on furnishing a bail bond of Rs.15,000/- (Fifteen thousand) only, with one surety of the like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M).
The applicant is, however, directed to continue to render full cooperation with the investigation of the case and not to indulge in any activities detrimental to the same.
The bail application stands disposed of.
Return the Case Diary to the learned Addl. PP forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted on default given the length of detention and non-submission of charge sheet.
2 provisions across 2 enactments
ROMIZ ALI
THE STATE OF ASSAM
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
