Sahinas Parbin v. The State of Assam

ORDER Date : 18-11-2024 Heard Mr. M.H. Laskar, learned counsel for the petitioner Nos. 1. Sahinas Parbin and 2. Lokman Hussain, who have filed this application under Section Page No.# 2/3 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Fakirganj Police Station Case No. 127/2024 under Section 420 of Indian Penal Code, 1860.

¶2Heard learned Additional Public Prosecutor, Assam Mr. K. Baishya for the respondent State

¶3Learned counsel for the petitioners has submitted that the allegation against the petitioners that they have misappropriated the proceeds of the old GP Office, which was dismantled, is not true.

¶4Learned Additional Public Prosecutor has submitted that the petitioners have already appeared before the Investigating Officer and their statements have been recorded and thus, there is no apprehension of arrest and so, this bail petition may be rejected.

¶5I have scrutinized the Case Diary. The petitioners have appeared before the Investigating Officer and their statements have been recorded. The allegation against the petitioners is that some building materials of the old GP Office were found in their house. I have considered the submission that the petitioners' daughter is suffering from cerebral palsy. I have also considered the submission that all the materials have been seized in connection with this case. I have considered the submission that the petitioners are willing to cooperate with the investigation.

¶6Considering all aspects, petition is allowed. The petitioners are enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that : Page No.# 3/3

(i) the petitioners shall appear before the Investigating Officer and cooperate with the investigation,

(ii) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation and,

(iii) the petitioners shall not leave the jurisdiction of the Court without prior permission.

¶7On breach of any of the bail conditions, bail order shall stand cancelled.

¶8In terms of above observation, this Bail Application stands disposed of.

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010225012024 2024:GAU-AS:11181 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2829/2024 SAHINAS PARBIN W/O- LOKMAN HUSSAIN, R/O VILL-PORAVITA, P.S.- FAKIRGANJ, DIST. DHUBRI, ASSAM. 2: LOKMAN HUSSAIN S/O- ABDUS SATTAR MIAH R/O VILL-PORAVITA P S.- FAKIRGANJ DIST. DHUBRI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR MEHEBUB HOSSAIN, MR. M H LASKAR,MD M ISLAM,MS. A SULTANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND