Hondor Sing Terang v. The State of Assam

O R D E R

22.01.2024

¶1Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Mr. H.K. Sarma, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. P.P. for the State respondent.

¶2This is an application filed under Section 439 Cr.P.C. praying for granting regular bail to the petitioner, Hondor Sing Terang, who was arrested on

27.12.2023 in connection with Crime Branch P.S. Case No. 08/2023, registered under Sections 120(B)/420/ 468/471/409/447 IPC.

¶3The case of the prosecution is that one Bhupen Kr. Das have lodged an FIR before the Commissioner of Police, Guwahati on 28.11.2023 stating, inter-alia, that he is the recorded pattader of a plot of land measuring 2 katha and 2 lechas covered by Dag No. 2445 of K.P. 1496 at Panjabari, Bagharbari Main Road, under village-Satgaon, Mouza-Beltola, Disrict-Kamrup (metro) and that he had inherited the said plot of land after the death of his mother namely, Late Labanya Bala Das.

¶4It is alleged that one Jagyeswar Nath had managed to get the said plot of land mutated in his name by creating false and forged document with the help of the Lot Mandal of the concerned Revenue circle.

¶5Mr. Sahewalla, learned Senior Counsel for the petitioner submits that the Page No.# 3/4 petitioner, who is a Lot Mandal has nothing to do with the facts of the instant case and he is not posted at the Revenue Circle of which the case relates to.

¶6Mr. Das, learned Addl. P.P. fairly submits on the basis of the case diary that the petitioner though was present at the concerned revenue circle as a Lot Mandal but before preparation of the report, he was transferred out and the case was entrusted to his incumbent.

¶7Heard the submissions made by the parties and also perused the materials on record including the case diary.

¶8It appears from the materials on record that the petitioner has nothing to do with the case in hand and that he was already transferred out of the concerned revenue circle before the preparation of the report. Accordingly, this Court is of the opinion that he is entitled to go on bail.

¶9Considering all aspects, the petitioner namely Hondor Sing Terang is allowed to go on bail in connection with the above noted case on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati.

¶10The bail granted to the petitioner shall be subject to the following conditions-

i) The petitioner shall co-operate with the investigation,

ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer;

iii) The petitioner shall not leave the territorial jurisdiction of the trial Court Page No.# 4/4 without prior permission till completion of the trial; and

iv) The petitioner shall refrain from such activities with which he is alleged, failing which, bail orders shall stand cancelled.

¶11With the above observation, this bail application stands allowed.

¶12This disposes of the bail application. Send back the case diary.

JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010004212024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./96/2024o HONDORoSINGoTERANGo S/OoLATEoRISOoTERANG,o R/OoDOOKMOKAoMOHANMAYoSIKARIo RONGHANGoGAON,o P.O.oANDoP.S.oDOOKMOKA,oINoTHEoDISTRICToOFoKARBIoANGLONG,oASSAM VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoGoNoSAHEWALLAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo o ooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI