This bail application under Section 439 Cr.P.C. was allowed. The accused, detained for over 50 days on IPC 456/380 charges related to theft, was enlarged on bail upon furnishing a bond amounting to RS. 50,000/- with one surety.
Released 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.
Page No.# 1/3
GAHC010266782023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./4389/2023
MD ANOWAR HUSSAIN @ ARJUN S/O MD. SAHIDUR ALI VILL- BHUYAMNPARA P.S- SOOTEA DISTBISWANATH, ASSAM.
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
04.12.2023
Heard Mr. R. Goswami, learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
2. This application, under section 439 Cr.P.C. is preferred by accused, namely, Md.
Page No.# 2/3
Anowar Hussain @ Arjun, who has been languishing in jail hazot since 13.10.2023, in connection with Sootea P.S. Case No.108/2023, under Section 456/380 IPC, for grant of bail.
3. It is to be noted here that the above noted case has been registered on the basis of an FIR lodged by one Silpisikha Baruah on 10.10.2023. The essence of allegation made in the aforesaid FIR is that on the night of 08.10.2023, at around 10:00 p.m. some unknown miscreants have entered into her house and looted a sum of ` 15,000/- with one cellphone of Honor Holly 3.
4. Mr. Goswami, learned counsel for the accused, submits that the name of the accused finds no mention in the FIR and that he is behind the bar for last 50 days and besides, he is also suffering from bronchitis and some other ailments in jail and he has not been receiving proper treatment and therefore, considering the period of detention Mr. Goswami has contended to allow this petition.
5. On the other hand, Mr. P. Borthakur, learned Additional Public Prosecutor submits that the forwarding report of the accused indicates that some incriminating materials are there against the accused and therefore, Mr. Borthakur has opposed the petition.
6. Having heard the submission of learned Advocates for both the sides, I have carefully gone through the petition and the documents placed on record. 7. It appears that the FIR was lodged on 10.10.2023 and the accused was arrested on 13.10.2023. The accused is behind the bar for more than 50 days. The case was registered under Section 456/380 IPC and it appears that the I.O. got sufficient time for investigation.
8. Having regards to above and also considering the nature of accusation and the punishment prescribed for the same and balancing the period of detention, this Court is of the view that further custodial detention of the accused may not be required in the interest of investigation and accordingly, it is provided that on furnishing a bond of ` 50,000/- (Rupees Fifty Thousand) with one surety of like amount, to the satisfaction of
Page No.# 3/3
the learned Chief Judicial Magistrate, Biswanath, the accused be enlarged on bail.
9. In terms of above, this petition stands disposed of.
Sd/- Robin Phukan JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused who has been in custody for over 50 days under the Terrorism Act and IPC charges.
1 provisions across 1 enactments
Md Anowar Hussain @ Arjun
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
