The Gauhati High Court allowed an bail application filed under Section 439 Cr.P.C. The petitioner, detained in judicial custody for over 60 days, sought release. The court granted bail subject to surety and conditions.
Petitioner released on bail on furnishing a bond of Rs. 20,000 with one suitable surety subject to standard bail conditions.
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GAHC010043932023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./816/2023
ABDUS SALAM TALUKDER
S/O. DAGU TALUKDER, R/O. VILL. KAMARDIHI PART-I, P.S- CHAPOR, DISTRICT. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 14.03.2023
Heard Mr. R. Goswami, learned counsel appearing for the petitioner and Ms. S. Jahan, learned Additional Public Prosecutor appearing for the State.
This is an application filed under Section 439 Cr.P.C ., seeking bail by the petitioner, namely, Abdus Salam Talukder, in connection with Chapar Police Station Case No. 541/2020 , registered under Sections 153(A)/120(B)/34 IPC.
The case diary produced has been perused.
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It has been submitted by the learned counsel for the petitioner that the petitioner has been detained in judicial custody for more than 60 days and investigation has not yet been completed during the statutory period prescribed thereof and as such, the petitioner is entitled for default bail.
Ms. Jahan, learned Additional Public Prosecutor for the State submits that she has no information regarding the submission of charge-sheet. The time for completion of investigation in a case of instant nature is 60 days.
Considering the submissions made by the learned counsel for the parties, prayer of the petitioner is allowed.
Accordingly, the petitioner namely, Abdus Salam Talukder , shall be released on bail in connection with Chapar Police Station Case No. 541/2020 , on furnishing bail bond of Rs.20,000/- with one suitable surety, of the like amount, to the satisfaction of learned S.D.J.M.(M), Bilasipara.
The direction for bail is further subject to the conditions that the petitioner:
(a) shall not leave the territorial jurisdiction of learned S.D.J.M.(M), Bilasipara, without prior written permission;
(b) shall not hamper with the investigation of the case and tamper with the evidence of the case;
(c) shall not, directly or indirectly, make any 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 Court or to any police officer.
In terms of the above, this bail application stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to bail on the ground of prolonged detention exceeding 60 days without completion of investigation.
Whether default bail is applicable given the statutory period for investigation under Sections 153(A), 120(B), and 34 IPC.
1 provisions across 1 enactments
Abdus Salam Talukder
State of Assam
Malasri Nandi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
