THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE STATE OF ASSAM
Case at a glance
Outcome
Bail granted
bail is granted to accused petitioners, the ongoing investigation is unlikely to be
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 120B, 379, 411
- Assam Cattle Preservation Act, 2021 s. 13(1)
Judgment
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
29.06.2022 ORDER Heard Mr. G. Uddin, learned counsel for the accused petitioners as well as Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the State respondent. Page No.# 2/3 By this petition under Section 439 Cr.P.C., the accused petitioners, namely, 1. Solendro Sangma @Solen Sangma and 2. Ranbel Sungma @Ranbel Marak have prayed for grant of bail in connection with Boko P.S. Case No. 231/2022 u/s 120B/379/411 of the IPC read with Section 13(1) of the Assam Cattle Preservation Act, 2021 and Section 11(1) of the P.C.A. Act. The case diary, as called for, is placed before the Court. The case relates to recovery and seizure of 5 (five) numbers cattle from the possession of the present accused petitioners and another, while being carried in a vehicle bearing registration No. AS 25 CC 6245. It is noticed that the accused petitioners are in judicial custody since
Operative part
24.05.2022, that is, for 36 days. A perusal of the case diary reveals that 5(five) numbers of cattle (local breed) were recovered and seized from the possession of the accused persons. They failed to produce any document in support of purchase of the seized cattle allegedly from Dhupdhara market. The investigation is yet to be completed. However, upon consideration of the pros and cons of the evidence so far collected by the investigating officer, this Court is of the opinion that if the liberty of bail is granted to accused petitioners, the ongoing investigation is unlikely to be adversely affected. Accordingly, it is directed that each of the accused petitioners, named above, shall be released on bail of Rs.30,000/- (Rupees Thirty Thousand only) each with 2(two) sureties of like amount to the satisfaction of the learned J.M.F.C., Boko subject to the following conditions-
(i) That the accused petitioners shall cooperate with the investigating officer as and when required; Page No.# 3/3 (ii) That the accused petitioners 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 Police Officer or the Court;
(iii) That the accused petitioners shall refrain from committing any offences similar to the one of which they are accused or suspected of commission; and (iv) That out of the two bailors, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned Court below shall return the original documents retaining legible scanned copy thereof on record for future reference Return the case diary. The bail application stands disposed of. Comparing Assistant JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: bail is granted to accused petitioners, the ongoing investigation is unlikely to be
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 120B, 379, 411; Assam Cattle Preservation Act, 2021 — s. 13(1).
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.