THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE STATE OF ASSAM
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 379, 411, 420
Judgment
Advocate for the Petitioner : MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM Page No.# 2/3 HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND B E F O R E
02.01.2023 Heard Mr. A. Z. Ahmed, learned counsel for the petitioners/applicants as well as Mr. P. Borthakur, learned Addl. P.P. appearing for the State. This application under Section 439 Cr.P.C, is preferred by the petitioners, namely, Anisur Rahman and Mohibur Hussain @ Mohibul Hussain, who are languishing in jail hajot since.
24.11.2022, in connection with Golakganj P.S. Case No. 427/2022, registered under Sections 379/411/420 IPC. The allegation against the applicants is that they have been found carrying 40 nos. bags of urea fertilizer under 35 nos. of bags of cement in a Bolero pick-up vehicle bearing registration number AS-19-C-9389 without any valid documents. It is submitted that the applicants have been in judicial custody for 39 days. They have already been apprehended along with the aforesaid articles and the seizure has already been made in connection with this case. I have considered the submissions at the Bar. The applicants are booked under Section 379/411/420 IPC. I have perused the forwarding report. It appears that further detention for the sake of investigation does not appear to be necessary as they have been languishing in jail since
24.11.2022. Considering the length of detention, the prayer of the applicants is allowed. The petitioners/applicants namely, Anisur Rahman and Mohibur Hussain @ Mohibul Hussain are to be enlarged on bail of Rs. 30,000/- each with a suitable surety each of like amount to the satisfaction of learned Chief Judicial Magistrate, Dhubri. The petitioners are directed to co-operate with the investigation and not to exercise threats during investigation or to the witnesses. The petitioners are not to leave jurisdiction of the trial Court without prior permission till completion of investigation. The petitioners are directed to refrain from such activities with which they are alleged. Page No.# 3/3 JUDGE Comparing Assistant
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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