Allowed

Md. Imdadur Rahman v. the State of Assam

Gauhati HC1 Dec 2022Bail Appln./2804/2022

Case brief

AI extract

What is this about?

In a bail application regarding crimes under IPC and the Epidemic Disease Act arising from hospital attacks, the High Court granted bail to the petitioner after noting the lengthy detention, closure of prosecution evidence, and release of similar co-accused. The court held that no ground on merits was needed as no inducement threat promise was likely.

What did the court decide?

Accused-petitioner released on bail of Rs. 50,000 with one surety of like amount subject to conditions of appearance and non-interference with witnesses.

Md. Imdadur Rahman Vs the State of Assam — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010216582022

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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./2804/2022

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MD. IMDADUR RAHMAN S/O SOFIKUR RAHMAN

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PERMANENT RESIDENT OF VILL- MAJUDALI, P.S. LANKA IN THE HOJAI DISTRICT OF ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM

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Advocate for the Petitioner : MR A W AMAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 01-12-2022

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Heard Mr. S. Das, learned counsel for the accused-petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

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By this application under Section 439, Code of Criminal Procedure, 1973,

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the accused-petitioner viz. Md. Imdadur Rahman has prayed for his release on bail in connection with Session Case no. [1]18[H] of 2021, registered for offences under Sections u/s 120B/143/147/148/149/342/333/325/326/353/307/ 427/447/117/34 of the IPC r/w 51 (b) of DM Act r/w 3 (2)/3 (3) of the Epidemic Disease Act r/w Section 4/6 of Assam Medical Service Persons and Medicare Institution [Prevention of Violence and Damage to Property] Act read with Section 3 of the Prevention of Damage to Public Property Act, 1984 [PDPP] Act, arising out of Lanka Police Station Case No. 370/2021.

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By this application, the scanned copies of the case record along with the status report of Session Case no. [1]18[H] of 2021 arising out of Lanka Police Station Case no. 370/2021, were called for and the same have been received.

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The crime case, Lanka Police Station Case no. 370/2021 came to be registered on the basis of a First Information Report [FIR] lodged by the Deputy Superintendent of Udali Model Hospital, Hojai on 01.06.2021. One Covid patient, Giasuddin Mazumdar was brought to the Udali Model Hospital, Covid Hospital at around 08-00 a.m. for treatment on that day. The said patient, Giasuddin Mazumdar died in the hospital at around 02-00 p.m. After his death, a number of accused persons criminally assaulted the attending Doctor, Seuz Senapati and one nurse namely Smti. Lalita Bharali and inflicted grievous injuries on their persons. The group of accused persons also vandalized the hospital and medical infrastructures causing large scale damage in the process.

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During the course of investigation, a number of accused persons were arrested. After completion of investigation in connection with Lanka Police Station Case no. 370/2021, the Investigating Officer [I.O.] of the case submitted a charge sheet under Section 173[2], CrPC vide Charge Sheet no. 247/2021 dated 29.06.2021 against 33 nos. of accused persons including the present

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accused-petitioner as accused no. 23.

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The accused-petitioner was apprehended and thereafter, produced before the Court of learned Chief Judicial Magistrate, Hojai on 03.06.2021. On being so produced, he was remanded to custody. Since 03.06.2021, the accusedpetitioner is in custody for 547 days till date.

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Mr. Das, learned counsel for the accused-petitioner has submitted that out of the 33 nos. of charge-sheeted accused persons, 32 nos. of accused persons have been already released on bail. Further, the evidence of the prosecution side has already been closed after recording the evidence of 40 nos. of prosecution witnesses. The next date fixed in the trial is 07.12.2022 for remand of the accused-petitioner and for statement of the defence. Considering the period of detention of the accused-petitioner and his case also on the ground of parity, the accused-petitioner may also be released on bail.

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Mr. Baruah, learned Additional Public Prosecutor while opposing the bail application, has submitted that the accused-petitioner is one of the prime accused in the case. He has further submitted the position that the accusedpetitioner is no different than few of the arrested co-accused persons who are already released on bail. One charge-sheeted accused person, Msstt. Mishma Begum has been released on bail by this Court by an order dated 26.09.2022 passed in B.A. no. 2109/2022. Similarly, the learned Sessions Judge, Hojai, where the trial is going on, has allowed 16 nos. of charge-sheeted accused persons to be released on bail by an order dated 14.11.2022. On 23.11.2022, the learned Sessions Judge, Hojai had allowed another 5 nos. of charge-sheeted accused to be released on bail while remanding the present accused-petitioner to judicial custody till 07.12.2022.

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I have perused the orders dated 26.09.2022 [supra], 14.11.2022 [supra] and 23.11.2022 [supra] as well as the materials in the case record of Session Case no. [1]18[H] of 2021 and the concerned case diary. By those orders, the arrested co-accused persons were allowed to go on bail considering their length of detention, without recording any ground on merits of the case.

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Having gone through the entire materials on record, it appears that the position of the accused-petitioner is no different than some of the other chargesheeted accused persons. As the prosecution evidence is closed and the next date is fixed for statement of defence, this Court is of the considered view that there appears to be no possibility of any inducement, threat or promise to the prosecution witnesses, who have already deposed.

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Having regard to the period of detention of the accused-petitioner; the facts that a number of similarly situated charge-sheeted accused persons have already been released on bail; and that the prosecution evidence has already been closed, this Court is of the considered view that without recording any ground on the merits of the case, the accused-petitioner can be released on bail as his further detention in custody does not appear necessary.

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Accordingly, it is provided that the accused-petitioner, namely, Md. Imdadur Rahman shall be released on bail of Rs. 50,000/- [Fifty Thousand] with one surety of like amount to the satisfaction of the learned Sessions Judge, Hojai, Sankardev Nagar, subject to the following conditions- :

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[1] That the accused-petitioner shall continue to appear before the learned trial court on all the dates to be fixed from time to time till the case is disposed of; and

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[2] That the accused-petitioner shall not directly or indirectly make any

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inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court.

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Breach of any of the above condition shall render cancellation of bail in accordance with law.

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The bail application is disposed of accordingly.

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JUDGE

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Comparing Assistant

Md. Imdadur Rahman v. the State of Assam

Case brief

What is this about?

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Md. Imdadur Rahman v. the State of Assam

Case brief

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