Allowed

Abdul Hoque and 3 Ors. v. the State of Assam

Gauhati HC6 Aug 2022Bail Appln./1890/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted regular bail to petitioners arrested under Section 397 IPC after nearly nine years. The court held the inordinate delay and 43 days in custody justified release, directing a bail bond of Rs. 15,000 each.

What did the court decide?

Petitioners released on bail on furnishing bond of Rs. 15,000 each with surety of like amount subject to sub-judicial magistrate's satisfaction.

Abdul Hoque and 3 Ors. Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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GAHC010153732022

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

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Case No. : Bail Appln./1890/2022

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ABDUL HOQUE AND 3 ORS. S/O LATE ABDUL BAREK @ BAREK DACOIT, R/O VILL- SRIGRAM PART-VI P.S. CHAPAR DIST. DHUBRI, ASSAM

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2: ABUL KALAM S/O LATE KANCHA SK. R/O VILL- KHERDUBI P.S. CHAPAR DIST. DHUBRI ASSAM

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3: JIAUL HOQUE S/O ABDUL MALIK MIAH R/O VILL- KHERDUBI

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P.S. CHAPAR DIST. DHUBRI ASSAM

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4: SAIJUDDIN SK @ JORDER ALI S/OLATE INSAN ALI SK R/O VILL- KHERDUBI

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P.S. CHAPAR DIST. DHUBRI ASSA VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S A AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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06.08.2022

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Heard Shri FA Ahmed, learned counsel for the petitioners, namely, 1. Abdul Hoque, 2. Abul Kalam, 3. Jiaul Hoque and 4. Saijuddin Sk. @ Jorder Ali, who have filed this application under Section 439 CrPC seeking regular bail in connection with Bilasipara PS Case No. 138/2013 [corresponding to GR No.(BLP) 138/2013] registered under Section 397 IPC. The petitioners were arrested on 25.06.2022.

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The learned counsel for the petitioners has submitted that the FIR was lodged in the year of 2013 and the petitioners have been arrested recently on 25.06.2022. The learned counsel has submitted that even without going into the other aspects of the matter, the petitioners have spent about 43 days in custody of a case registered in the year of 2013. The learned counsel further submits that the inordinate delay in the investigation and the arrest made after about nine years itself is a ground for release of the petitioners on bail.

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On the other hand, Shri P. Borthakur, learned Additional Pubic Prosecutor, Assam submits that the materials are found against the petitioners leading to their arrest.

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After hearing the parties and on considering the situation wherein the arrest has been made after almost nine years and also considering that the petitioners have completed about 43 days behind the bars, the instant petition deserves to be allowed. Accordingly, it is directed that the petitioners be released on bail in connection with

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the aforementioned case on furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand) each with a surety of like amount subject to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara.

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The petitioners are however directed to continue to render full cooperation to the investigation / prosecution and not to indulge in any activities detrimental to the same.

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The application stands disposed of.

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JUDGE

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Comparing Assistant

Abdul Hoque and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abdul Hoque and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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