Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 201, 302
- Arms Act, 1959 s. 27(3)
Judgment
Heard Mr. SK Singha, learned counsel for the petitioner and Mr. BB Gogoi, learned Addl. PP, Assam. Perused the case diary. The prosecution case is that one Burhan Uddin was killed by some unknown person on 3.12.10. In the FIR it has been stated that on the previous d ay, the deceased was found travelling in the motor bike of present accused perso n. On the other hand, petitioner’s case is that on 1.12.10 he had m et with a motor bike accident and was taking treatment at Srigouri CHC, Srigouri , Karimganj from 1.12.10 to 4.12.10 and as such there was no possibility to driv e the motorcycle on 2.12.10. A number of documents of medical treatment have bee n annexed with this bail application. At the same time, learned Addl. PP has als o failed to produce any evidence of meeting with any independent person and last seen together. Besides this, the investigation is not progressive since last 4.
12.10. In view of above, the prayer for bail is accepted. The I.O. is d irected to release the petitioner on bail, in the event of his arrest, in connec tion with the aforesaid PS case on furnishing bail bond of Rs. 20,000/- with one local surety of the like amount to his satisfaction. The petitioner is directed to appear before the I.O. within a we ek from to-day and shall co-operate in the investigation. With the aforesaid directions, this bail application stands disp osed of.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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