Application for regular bail under Section 439 Cr.P.C. allowed considering 52 days of judicial custody. Bail bond of Rs. 30,000 with one surety granted subject to standard conditions.
Applicant released on bail on furnishing a bond of Rs. 30,000 with one surety of like amount.
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GAHC010127232022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1560/2022
KAMRUZ ZAMAN SARKAR
S/O. SAYED ALI SARKAR, VILL. KACHARIGAON, P.S. JURIA, DIST. NAGAON, ASSAM.
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. A SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 15.07.2022
Heard Mr. A. Sarma, the learned counsel for the Applicant and Mr. B. Sarma, the learned Additional P.P. appearing for the State.
This is an application under Section 439 of the Cr.P.C. seeking regular bail by the Applicant Kamruz Zaman Sarkar in connection with Juria Police Station Case No.
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200/2022 registered under Section 25(1) (a) of the Arms Act read with Section 51 of the Wild Life (Protection) Act.
Learned counsel for the Applicant submits that this Court vide an order dated 28/6/2022 passed in Bail Application No. 1494/2022 had granted absolute bail to the Applicant in respect to Nagaon P.S. Case No.623/2022 registered under Sections 120(B)/307 of the I.P.C. read with 25(1) (a) of the Arms Act.
I have perused the case diary. I have also perused the FIR in question dated 25/5/2022.
It appears from the perusal of the FIR that the search was conducted in the house of the Applicant on the basis of the FIR dated 25/5/2022 pertaining to Nagaon P.S. Case No. 623/2022. On the basis of the said search being conducted, it reveals from the FIR that one dear horn, one round live 7.65 ammunition along with some documents and bank accounts and some sharp weapons like Khukri, Knives, Sword, small arms holding leather carrier (Holdstar) etc were recovered.
It is noticed that the Applicant has been in judicial custody since 25/5/2022 i.e. for 52 days. It is the submission of the learned counsel for the Applicant that the said ammunition recovered is in respect to seized pistol, which had a license but had expired. In respect to the dear horn, the learned counsel for the Applicant submits that, that is an ancestral dear horn which is commonly found in the households and the house where the dear horn has been found is the ancestral house of the joint family of the Applicant.
Upon a specific query being made to the learned Additional P.P. as to whether the ammunition is in respect to the pistol, which was seized, the learned Additional P.P. submits that can only be found from the report to be
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submitted by the Forensic Science Laboratory, which is still awaited.
After hearing the parties and considering that the Applicant has been in judicial custody for last 52 days, this Court is of the opinion that further custodial detention of the Applicant would not be necessary in the facts of the instant case. Accordingly, it is provided that the Applicant named above shall be released on bail on furnishing bail bond of Rs. 30,000/- (Rupees thirty thousand) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon subject to the following conditions:-
The bail application stands disposed off accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether regular bail should be granted to the applicant in a case involving arms and wildlife offences.
3 provisions across 3 enactments
KAMRUZ ZAMAN SARKAR
THE STATE OF ASSAM
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
