THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Bail granted
The petitioner is enlarged on bail of Rs
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 380, 427, 457, 461, 511
Key paragraphs
- Para 88. In terms of the above, the bail application stands disposed of.
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1333/2023 HAKIMUDDIN ALI @ SAKUMARA S/O SEFAT ALI R/O JAMBARI P.S. BOKO DIST. KAMRUP, ASSAM MOB. NO. 9864027090 PIN NO. 781141 VERSUS THE STATE OF ASSAM REP. BY THE LD. PP, ASSAM Advocate for the Petitioner : MR A K AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 02-05-2023 ORDER
#1. Heard Mr. A.K. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam for the State respondent .
#2. The petitioner, namely, Hakimuddin Ali @ Sakumara has filed this application under Section 439 Cr.P.C., with prayer for bail as he is in the judicial custody since 16.02.2023 in connection with Boko Page No.# 2/2 P.S. Case No. 66/2023 under Sections 457/380/461/427/511 of the IPC.
#3. The FIR unfolds that the Branch Manager of Central Bank of India, Bangaon Branch opened his Branch on 13.02.2023 at 9-30 am as usual and found that some intruders have entered into the Branch breaking the window grill. They disabled the security alarm system by cutting the power cable. He has also found that the lock of collapsable gate and wooden gate has been broken which was installed at the entrance of Strong Room, where cash is kept. The culprits attempted to break open the cash safe but they were unsusccessful. The miscreants took CCTV DVR recorder with them. The miscreants also vandalised the branch office and attempted to burn some of the documents of the branch.
#4. The learned Addl. P.P. has raised vehement objection stating that the petitioner is a habitual offender whose image has been caught in the CC TV footage. The C.D. clearly reveals that there are incriminating materials against the petitioner and the stolen articles are yet to be recovered.
#5. It is stated that the petitioner has been arrested on 16.02.2023. The investigation has progressed to a considerable extent.
#6. The FIR and the forwarding report clearly reveal that there are incriminating materials against the petitioner. The petitioner has pleged to cooperate with the investigation.
#7. The petitioner is a local resident and he is not a flight risk. In view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/- with a suitable surety of the like amount to the satisfaction of the JMFC, Boko subject to the conditions that : (i) The petitioner shall refrain from such activities with which he is alleged failing which, his bail will be cancelled.
#8. In terms of the above, the bail application stands disposed of.
#9. Send back the case diary. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petitioner is enlarged on bail of Rs
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 380, 427, 457, 461, 511.
Which court decided this case, and when?
Gauhati High Court, on 02 May 2023. The bench was SUSMITA PHUKAN KHAUND.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.