THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
- Bench
- ROBIN PHUKAN
Outcome
Disposed of
In terms of above, this bail application stands disposed of
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 s. 379
Judgment
O R D E R
28.07.2022. Heard Mr. FKR Ahmed, learned counsel for the accused/applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This application under Section 439 of the Code of Criminal Procedure, 1973, is Page No.# 2/3 preferred by accused/applicant, namely, Md. Ashiqul Rahman @ Ashikur Rahman, who has been languishing in jail hazot in connection with the Hojai P.S. Case No.261/2022 (corresponding to G.R. Case No.1108/2022), under Section 379 of the IPC, for granting bail. The aforementioned case has been registered on the basis of one FIR lodged by Dayal Chandra Kro and Hargobinda Kalita, respectively the Chairman and Secretary of Hojai Sahitya Sabha on 22.06.2022, to the effect that from last few days, the process of theft of valuable articles especially putting off parts of generator from the compus of Sahityarathi Bezbaruah Bhawan of Hojai Sahitya Sabha is going on and on 22.06.2022, two thieves were caught red-handed, while they were committing theft.
Mr. FKR Ahmed, learned counsel for the petitioner submits that the accused person has a scrap material shop and that the accused No.2, Prem Singha and accused No.3, Yahia Ahmed, mentioned in the forwarding report have sold some stolen articles to him and he had purchased the same without knowing the same to be stolen property and the stolen properties have already been recovered and seized and therefore, it is contended to enlarge the present accused on bail. On the other hand, Mr. P. Borthakur, learned Additional Public Prosecutor, opposed the petition by contending that there are sufficient materials in the record to show his complicity with the offence alleged. Having heard the submission of learned Advocates for both sides, I have carefully gone through the petition and the materials placed on record and it appears that the accused was arrested on 23.06.2022 and since then he has been languishing in the jail hajot.
Operative part
Page No.# 3/3 Considering the period of detention and the nature of accusation and the punishment prescribed for the offence and also considering the submission of learned Advocates for both sides, this Court is of considered opinion that further custodial detention of the accused seems to be not required in the interest of investigation. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Hojai, the accused namely, Ashiqul Rahman @ Ashikur Rahman, be enlarged on bail, in connection with the in connection with the Hojai P.S. Case No.261/2022 (corresponding to G.R. Case No.1108/2022), under Section 379 of the IPC. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In terms of above, this bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — s. 379.
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.