THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Bail granted
The bail is granted on the following conditions:
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 379, 410, 411, 420
Judgment
Operative part
Advocate for the Petitioner : MR. U K BARMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 03-01-2023 ORDER Heard Mr. H. Ali, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam. By this application under section 439 Cr.P.C., the petitioner namely, Muhammad Page No.# 2/3 Shafi T.V. @ Muhammad Shafi, is praying for regular bail, in connection with GRPS Case No. 158/2022, under sections 379/411/410/420 of I.P.C. The petitioner has been languishing in jail hazot since 09.11.2022. The case was fixed today for production of case diary but it reveals that inspite of calling for the case diary for the 5th time, the I.O has failed to produce the same. The allegation against the applicant was that he was caught red handed while carrying gold weighing 600 grams. The allegation is clear against the accused petitioner but the case diary is not received till date. I have considered length of detention of the applicant, who has been languishing in jail hazot for last 55 days. I have also considered the quantum of punishment prescribed for the offence, and the submissions of learned counsel for both sides. Considering all aspects, the petitioner namely, Muhammad Shafi T.V. @ Muhammad Shafi, shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) only with a local surety of like amount to the satisfaction of the Jurisdictional Court, in connection with GRPS Case No. 158/2022, under sections 379/411/410/420 of I.P.C. The bail is granted on the following conditions:
That the petitioner will co-operate with the remaining part of the investigation;
2.the petitioner will not hamper the investigation and tamper with evidence;
3.the petitioner will refrain from such activities with which he is alleged. The bail application stands disposed of. Page No.# 3/3 JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The bail is granted on the following conditions:
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 379, 410, 411, 420.
Which court decided this case, and when?
Gauhati High Court, on 03 Jan 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.