The Gauhati High Court granted bail to the accused in a theft case involving a stolen battery. The court observed that the material was recovered and further custodial detention was not warranted for investigation purposes.
Accused enlarged on bail by furnishing a bond of Rs. 50,000/- with one surety of 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.
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GAHC010238532023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
: Bail Appln./3836/2023
JYOTI PRAKASH JAISWAL S/O- SRI GHANASHYAM SHAW R/O- HOUSE NO. 1 BABA MOHAN SINGH PATH BIRUBARI GHY DIST. KAMRUP(M) ASSAM PIN- 781016. VERSUS THE STATE OF ASSAM REP. BY THE P.P. ASSAM
-----------Advocate for : A I AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 08-11-2023
Heard Mr. A. I. Ahmed, learned counsel for the accused. Also heard Mr. B.
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Sarma, learned Addl. P. P. for the State respondent.
This application, under Section 439 Cr.P. C. is preferred by accused, Jyoti Prakash Jaiswal, who has been languishing in jail hajot since 07.10.2023, in connection with Latasil P. S. Case No. 170/2023, under Section 380 IPC, corresponding to G.R.Case No. 7039/2023, for grant of bail.
The above noted case has been registered on the basis of an FIR lodged by one Rubul Ali on 19.9.2023.
The essence of allegation, made in the FIR dated 19.9.2023, is that on 16.9.2023, at about 4 O’clock one person has committed theft of battery of the inverter installed in his office and then checking the C.C.T.V. footage of the office, they found that one person entered inside the campus of his office and removed the battery from the white coloured box and taken away the battery with the help of one black coloured scooty and proceeded toward Latasil Traffic point .
Mr. Ahmed, learned counsel for the accused submits that the accused was arrested on 7.10.2023, and since then, he is languishing in jail hajot for last 32 days and that he is no way involved with the offence alleged in the FIR and he has the business of damaged battery and he is ready to cooperate with the investigating agency, and therefore it is contended to allow this petition.
On the other hand, Mr. Sarma, learned Addl. P. P., has submitted that the stolen battery has already been recovered from the possession of the present accused and the material part of the investigation is almost over.
Having heard the submission of learned Advocates of both the parties and I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Addl. P.P for the State respondent .
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It appears that the accused is behind the bar for last 32 days and the case diary indicates that stolen battery has already been recovered and seized by police, and as such, the material part of investigation appears to be almost over and his further custodial detention, in the interest of investigation, seems to be not warranted herein this case. And accordingly, this Court is inclined to allow this petition. It is provided that on furnishing a bond of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate,
Kamrup(M), the accused be enlarged on bail.
In terms of above, this bail petition stands disposed of. Case diary be returned.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. given that the stolen battery has been recovered and the material part of the investigation is nearly over.
Whether continued custodial detention is necessary in the interest of investigation.
2 provisions across 2 enactments
Jyoti Prakash Jaiswal
State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
