Ramen Madahi v. The State of Assam

ORDER

19.01.2024

Heard Mr. N.K. Kalita, learned counsel for the accused and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Sri Ramen Madahi, who has been languishing in jail hazot in connection with the Crime Branch P.S. Case No. 09/2023, under Sections 120[B]/419/420/468/471/409 of the IPC, for granting bail. Page No.# 2/4

¶3The said case has been registered on the basis of an FIR lodged by one Chandan Das, on 03.12.2023. The essence of allegations made in the FIR is that during investigation of Cyber P.S. Case No. 12/2023, under Sections 120[B]/419/420 of the IPC read with Sections 66[C]/66[D] of the IT Act and added Sections 409/468/471 of the IPC, he found that a mutation order has been passed based on the fake deed No. 6268/95, dated 31.12.1995, in the name of Ansar Ali, who allegedly purchased the land from one Jatindra Nath Goswami and Debendra Nath Goswami of Paltanbazar and another mutation order was found to be passed by the Circle Officer of Dispur Revenue Circle, dated 17.08.2023, regarding 1 katha 10 lessa of land based on the report of Bapdhan Das [Mandal] and fake deed No. 4682/92, dated 31.12.1992, in the name of Moriyom Bibi was issued showing purchase of land from one Khagen Boro of Katakipara and it has been found that Khagen Boro is the actual owner of the plot of land and he did not sale the aforesaid land to Moriyom Bibi and the fake deed No. 4682/92, dated 31.12.1992, based on which the mutation order was passed in Moriyom Bibi case was prepared by Advocate Mainul Hoque, on being requested by Ramen Madahi, who paid Rs. 2,00,000/- to him and the fake registration was done by Nitul Das, Jr. Asst. of Sub-Registrar Office along with his accomplices and later on, Advocate Mainul Hoque applied for mutation of the aforesaid land in the name of Moriyom Bibi and in the process Advocate Mainul Hoque also paid a sum of Rs. 1,50,000/- to one Abul Kalam Azad for passing mutation order in the name of Moriyom Bibi. Thereafter, on

11.11.2023, another order is found to have been passed on the same land vide Dag No. 136 [old] 626 [new] and Patta No. 319 [old] 464 [new] in the name of Samir Choudhury, measuring 1 Katha 10 Lessas by the Circle Officer of Dispur Revenue Circle, based on the report of Bapdhan Das [Mandal], who submitted Page No.# 3/4 the report without verifying the land physically and on physical verification it has been found that the plot of land is occupied by one Mintu Rava, accomplice of Ramen Madahi.

¶4Mr. Kalita, learned counsel for the accused submits that the accused has been shown arrested here in this case on 04.01.2024, and he was originally arrested in the case of Cyber P.S. Case No. 12/2023, wherein he has already been granted bail. Mr. Kalita further submits that some of the co-accused have already been enlarged on bail by this Court, and that the accused is ready to cooperate with the investigating agency, and therefore, it is contended to allow this petition.

¶5On the other hand Mr. Barua, learned Additional Public Prosecutor by producing the case diary before this Court submits that the IO has collected sufficient incriminating materials against the accused and the allegation is serious in nature and therefore, it is contended to dismiss the petition.

¶6Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor.

¶7Perusal of the case diary reveals that the IO has collected sufficient incriminating materials in support of the allegation made in the FIR. The offences are serious in nature and investigation is still going on and enlarging the accused on bail at this stage will misdirect the investigation.

¶8In view of above, this Court is of the view that this is not a fit case where the privilege of bail can be extended to the accused.

¶9Accordingly, the petition stands dismissed. Page No.# 4/4

¶10The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010005192024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./129/2024 RAMEN MADAHI S/O- SARAT MADAHI, R/O- LALUNG GAON, P.S. GARCHUK, GUWAHATI, DIST.- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MR. N K KALITA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN