Abdul Jabbar v. The State of Assam

ORDER

08.02.2023

¶1Heard Mr. M. Biswas, learned counsel for the petitioner as well as Mr. B.B.Gogoi, learned Addl. P.P. appearing for the State respondent.

¶2The petitioner, namely, Abdul Jabbar, has filed an application under Page No.# 2/4 Section 439 Cr.P.C. with prayer for bail as he has been languishing in the jail since 12.09.2022 in connection with PRC Case No. 86/2022, corresponding Dhaligaon P.S. Case No. 225/2021 under Sections 120(B)/302/307/325/427 IPC.

¶3I have considered the submissions at the bar.

¶4The FIR unfolds that on 23.08.2021 at about 10:30 P.M. when the informant along with Abdul Malek, Suraj Ali and Maidul Islam Mauli went out to inspect their oil tankers near I.O.C. Gate No. 2 in a TATA NEXON AS 26B 9078, suddenly a jeep bearing Registration No. AS-19M-3032 belonging to accused No. 1 named in the FIR followed by an Alto approached with excessive speed and hit the informant's vehicle. Thereafter, the accused persons named in the FIR armed with iron rods and other dangerous weapons attacked the informant as well as his companions. Abdul Malek died at the spot and Suraj Ali and Maidul Islam Mauli sustained severe injuries.

¶5It is submitted on behalf of the petitioner that both the parties have an acrimonious relationship. Many family members related to the informant are undergoing life imprisonment in connection to an incident of homicide.

¶6It is also submitted on behalf of the petitioner that the petitioner was granted interim pre-arrest bail and he appeared before the I.O. and bail bonds were executed. Thereafter, after a charge-sheet was laid, the petitioner appeared before the Court of commitment and due to an oversight the petitioner was held to be an absconder and he was forwarded to custody. The copy of the charge-sheet has been added along with the petition which clearly depicts that the petitioner was not an absconder and he was on bail. At present, the petitioner has been languishing in the jail since 12.09.2022.

¶7The learned Addl.P.P. has raised objections stating that not a single witness has been examined and there are incriminating materials against the Page No.# 3/4 petitioner in the case diary. The statements of the witnesses under Section 161 Cr.P.C. clearly depicts that the petitioner is complicit.

¶8It is also submitted on behalf of the petitioner that all the co-accused has been enlarged on bail.

¶9The learned counsel for the petitioner has also relied on the decision of the Hon'ble Supreme Court in Kamaljit Singh Vs. State of Punjab and Ors. reported in (2005) 7 SCC 226 wherein it has been observed that "In the facts and circumstances of the case we are of the view that it is an appropriate case in which the application of the Appellant for grant of antipatory bail ought to have been allowed, particularly when on similar allegations the remaining two accused have been granted the benefit of anticipatory bail. In the circumstances the appeal is allowed and the Appellant is directed to be released on bail in the event of arrest or surrender on his furnishing bail bonds to the satisfaction of the arresting officer or the Court, as the case may be, subject to the conditions laid down in Section 438 CrPC."

¶10It is also submitted that in the witnesses column the names of 36 witnesses have been enlisted and if all the witnesses are to be examined, before granting bail, then petitioner will be highly prejudiced.

11.In view of my foregoing discussions, petition is allowed.

¶12The petitioner, namely, Abdul Jabbar is enlarged on bail in connection with PRC Case No. 86/2022, corresponding Dhaligaon P.S. Case No. 225/2021 under Sections 120(B)/302/307/325/427 IPC, on furnishing bail bond of Rs.40, 000/-with one suitable surety of like amount to the satisfaction of the learned Jurisdictional trial Court under the conditions that:-

(1) the petitioner will not exercise threats to witnesses; and Page No.# 4/4

(2) the petitioner will not leave the jurisdiction of the trial Court without prior permission

¶13Send back the case diary.

¶14The case is disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010010812023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./207/2023 ABDUL JABBAR S/O LATE FAZAL ALI R/O VILL- BAIKHUN GAON P.O. DHALIGAON, P.S. DHALIGAON DIST. CHIRANG, ASSAM PIN-783385 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND