Najir Hussain and 3 Ors v. The State of Assam

ORDER

23.01.2023

Heard Mr. R. Ali, learned counsel for the accused and Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

¶2This second application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused, namely, Najir Hussain; Abdul Sattar; Siddique Ali; and Amir Uddin, who have been languishing in jail hazot, in connection with the Moirabari P.S. Case No. 230/2022, under Sections 120[B]/201/403/408/409/417/468 of the IPC read with section 7 of the EC Act, for granting bail.

¶3The said case has been registered on the basis of one FIR lodged by Assistant Director of FCS & CA, Morigaon, on 05.12.2022. The gist of allegation against the accused persons is that they being the Fair Price Shop Dealers with some other associates of Fair Price Shop Dealers and with the secretary M/S Lochonabori SS Ltd. misappropriated PMGKAY Rice depriving the beneficiaries for the month of August and September, 2022. Page No.# 3/4

¶4Mr. Ali, learned counsel for the accused submits that the accused were arrested on 07.12.2022 and since then they have been languishing in jail hazoot for last 47 days and this second bail application is preferred on the ground of their length of detention. Further, it is submitted that some of the accused persons have been granted privilege of pre-arrest bail and some of them are also granted regular bail by the learned Sessions Judge, Morigaon and that the present accused persons are also stands in the same footing, and therefore, it is contended to allow the petition, maintaining pariety.

¶5On the other hand, Mr. Das, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the I.O. has collected some materials against the accused, and therefore, he has objection in enlarging the accused on bail. However, a pointed query of this court, Mr. Das submits that the investigation of the case has almost been completed and the relevant documents have already been seized.

¶7Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of Mr. Das, learned Additional Public Prosecutor.

¶7In view of materials so far collected in the case diary and also in view of the period of detention as well as the stage of investigation, this court is of the Page No.# 4/4 view that further custodial detention of the accused persons in the interest of investigation seems to be unwarranted here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 25,000/- each, with one surety of like amount to the satisfaction of the learned CJM, Morigaon, the accused persons be enlarged on bail.

¶8In terms of above, this bail application stands disposed of.

¶9The case diary be returned

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010011182023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./246/2023o NAJIRoHUSSAINoANDo3oORSo S/OoLATEoSAMIRoUDDINo R/OoVILL-oLENGRIBORIo P.O.oLOCHANABARI,oP.S.oMOIRABARIo DIST.oMORIGAON,oASSAM 2:oABDULoSATTAR oS/OoLATEoARSHAFoALIo R/OoVILL-oLENGRIBORIo P.O.oLOCHANABARI oP.S.oMOIRABARIo DIST.oMORIGAON oASSAM 3:oSIDDIQUEoALI oS/OoLATEoARSHAFoALIo R/OoVILL-oGARIABORIoGAONo P.O.oLOCHANABARI oP.S.oMOIRABARIo DIST.oMORIGAON oASSAM 4:oAMIRoUDDIN oS/OoLATEoSABEDoALIo R/OoVILL-oDURABANDHIo P.O.oLOCHANABARI oP.S.oMOIRABARIo DIST.oMORIGAON oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM Page No.# 2/4 Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN