The Gauhati High Court granted regular bail to Jahurul Islam under section 439 Cr.P.C. in a fake currency printing case, accepting his claim that he was merely a driver and custodial interrogation was unnecessary.
Bail granted on Rs. 50,000 with two sureties, one requiring immovable property security, subject to specific conditions.
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GAHC010182052022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2266/2022
JAHURUL ISLAM S/O MD. MOINUL HOQUE VILL- BHERAGAON P.S. BARPETA DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. N UDDIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 22.09.2022
Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned APP appearing for the State.
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The petitioner, who was arrested on 26.08.2022, is seeking regular bail under section 439 Cr.P.C. in connection with Rupahihat P.S. Case No. 13/2022 under section 489D IPC.
The learned APP has produced the case diary and has opposed the prayer for bail on the ground that the petitioner is a part of the racket of dealing in fake Indian currency notes and the petitioner is involved in bringing one of the accused to the house of another co-accused where they were planning to purchase a fake Indian currency printing machine.
On perusal of the case diary, it appears that the petitioner was on the site when the police had conducted a raid and had recovered fake currency printing machine along with few fake Indian currency notes.
The learned counsel for the petitioner projects that the petitioner was the driver of the swift dzire car, by which he brought the other arrested co-accused and the petitioner is not involved in any fake Indian currency note racket. In the said context, it is seen that the petitioner, in his statement recorded under section 161 Cr.P.C. has stated that he was the driver of the vehicle and that he had carried the other co-accused, who had come to purchase the fake Indian currency printing machine, who had been arrested.
Be that as it may, as the petitioner projects that he was the driver of the hired vehicle and the case diary does not reflect that the petitioner is involved in manufacturing and distribution of fake Indian currency notes, the Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary.
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Hence, the Court is inclined to grant bail to the petitioner, namely, Jahurul Islam in connection with the aforesaid case on furnishing bail bond of Rs.50,000/- with two suitable sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon. Out of the two sureties, one should offer his immovable property as security for grant of bail, having sufficient value to cover the bail amount.
Bail is granted on the following conditions:
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petitioner to be involved in any other fake Indian currency racket, it would be open to the I/O and any other investigating agency to approach the jurisdictional Court and apply for cancellation of bail.
Case diary is returned.
This application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with fake currency printing charges.
2 provisions across 2 enactments
Jahurul Islam S/o Md. Moinul Hoque
The State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
