THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
- Bench
- MALASRI NANDI
Outcome
Bail granted
for both the parties, this bail application is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 407, 420
Key paragraphs
- Para 66 With the aforesaid directions, this Bail Application stands disposed of.
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1775/2023 MAHMOOD S/O AZIJ, R/O VILL-JIWANI, HASANPUR, P.S.-RAMALA, DIST-BAGHPAD, UTTAR PRADESH, PIN-250623 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D J DAS Advocate for the Respondent : PP, ASSAM BEFORE ORDER
31.05.2023 Heard Mr D J Das, learned counsel, appearing on behalf of the petitioner. Also heard Mr P Borthakur, learned Additional Public Prosecutor for the State of Assam. Also perused the Case Diary.
The petitioner, Mahmood, who was arrested on 27.04.2023, has preferred this application under Section 439 CrPC, seeking bail in connection with Kharupetia PS Page No.# 2/2 Case No. 105 of 2023, under Sections 420/407 IPC.
It is submitted by the learned counsel for the petitioner that the matter has already been settled between the parties and the informant wants to withdraw the case against the petitioner as stated in the mutual agreement, by the informant and the brother of the petitioner. Apart from that, the petitioner has been detained in custody since last 35 days. Therefore, it is prayed that the petitioner may be enlarged on bail.
On the other hand, learned Additional Public Prosecutor also fairly submits that he has no objection if the petitioner is granted bail.
Operative part
In view of the above and considering the submissions made by the learned counsel for both the parties, this bail application is allowed. Accordingly, it is hereby directed that the petitioner, namely, Mahmood, shall be released on bail on furnishing bail bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Darrang, Mangaldoi, in connection with the aforesaid case.
6 With the aforesaid directions, this Bail Application stands disposed of.
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: for both the parties, this bail application is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 407, 420.
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.