Nowsad Ali @ Naushad Ali v. The State of Assam

ORDER 18-11-2024 Heard Mr. S Das, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.

¶2Pursuant to the order of the Court dated 08.11.2024, both the Officer-in-Charge of Gouripur Police Station, namely, Jitumoni Baishya as well as the concerned I.O. of Gouripur P.S. Case No. 69/2024, namely, Mr. Habibur Rahman are personally present before the Court today. Page No.# 2/3

¶3The petitioner, namely, Nowsad Ali @ Naushad Ali, apprehending his arrest, has filed this application under Section 438 of the CrPC, seeking pre-arrest bail in Gouripur P.S. Case No. 69/2024 registered under Sections 120-B/420/384/387 of IPC read with Section 7C (2) of the Assam Money Lenders (Amendment) Act, 1968 corresponding to G.R. No. 223/2024.

¶4The Court by order dated 26.04.2024 while granting interim bail to the petitioner, named above, in said Gouripur P.S. Case No. 69/2024 called for the case diary, fixing the matter after three weeks.

¶5However, on 10.06.2024, 29.07.2024, 22.08.2024, 09.09.2024, 26.09.2024 and

29.10.2024, the relevant case diary was not placed before the Court and the interim bail granted to the petitioner earlier on 26.04.2024 was extended.

¶6On 29.10.2024, the Court passed an order directing personal appearance of the concerned I.O. of said Gouripur P.S. Case No. 69/2024, fixing the matter on 08.11.2024.

¶708.11.2024, the concerned I.O. of Gouripur P.S. Case No. 69/2024, Mr. Habibur Rahman was personally present before the Court and on the said date, for the first time it was placed before the Court that Charge-Sheet in said Gouripur P.S. Case No. 69/2024 was submitted way back on 29.04.2024.

¶8On being enquired, the Deputy Commissioner of Police, East, Kamrup Metro who was present before the Court on that date pursuant to the order of the Court passed in a different proceeding, submitted that signals are sent to the Officer-in-Charge of the concerned Police Station for the relevant case diary and that is applicable to all the Police Stations of the State of Assam.

¶9Finding that the intimation was given to the Officer-in-Charge of Gouripur Police Station for the relevant case diary of said Gouripur P.S. Case No. 69/2024 and in spite of such orders of the Court it was not placed before the Court on time, the Court by order dated 08.11.2024 directed the personal appearance of the Officer-in-Charge of Gouripur Police Station as well as the concerned I.O. of said Gouripur P.S. Case No. 69/2024.

¶10During the deliberation of the matter, Mr. K K Parashar, learned APP, Assam, on instruction from the O.C. of Gouripur Police Station as well as the concerned I.O. of the case, submitted that after filing of the Charge-Sheet in the case on 29.04.2024, the I.O. of Gouripur P.S. Case No. 69/2024 was under reserve closed and as such, the concerned I.O. did not receive the Page No.# 3/3 information regarding the relevant case diary.

¶11The Officer-in-Charge of Gouripur Police Station present before the Court today through the APP, Assam submitted that earlier intimation was sent to the office of the Public Prosecutor, Gauhati High Court regarding filing of the Charge-Sheet in said Gouripur P.S. Case No. 69/2024 submitted on 29.04.2024 with the endorsement 'seen' by the learned Sessions Judge, Dhubri on

14.05.2024. However, due to inadvertence, the office of the Public Prosecutor, Gauhati High Court could not place it before the Court on the dates fixed.

¶12Both, the Officer-in-Charge of Gouripur Police Station, namely, Jitumoni Baishya as well as the concerned I.O. of Gouripur P.S. Case No. 69/2024, namely, Mr. Habibur Rahman through the APP, Assam has submitted that henceforth they will comply with the orders of the Court and shall submit the case diaries/reports to the Court at the earliest as and when they are sought for.

¶13Considering their such submissions, personal appearance of the Officer-in-Charge of Gouripur Police Station, namely, Jitumoni Baishya as well as the concerned I.O. of Gouripur P.S. Case No. 69/2024, namely, Mr. Habibur Rahman is dispensed with.

¶14As after completion of investigation of the case Charge-Sheet in said Gouripur P.S. Case No. 69/2024 has already been filed, the Court by order dated 08.11.2024 directed the petitioner to approach the appropriate authority/forum on or before 18.11.2024 for his regular bail, extending the interim bail granted to him till 18.11.2024 and this pre-arrest bail application was kept pending only for the personal appearance of the concerned Officer-in-Charge as well as Investigating Officer of the case.

¶15With the above observation, this pre-arrest bail application stands closed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010083052024 2024:GAU-AS:11204 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1076/2024 NOWSAD ALI @ NAUSHAD ALI S/O- LATE KHARITULLAH SK @ FARITULLAH SK, VILL.- MADHUSOULAMRI PART-II, P.O. GAURIPUR, P.S. GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 783331 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, MR. J ABBAS,MR SARFRAZ NAWAZ,MR S A BARBHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK