Habibar Rahman v. The State of Assam

ORDER Date : 19.02.2024

Heard Mr. M.U. Mondal, learned counsel for the accused. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor for the State respondents.

¶2This application, under Section 439 Cr.P.C. is preferred by the accused, namely, Habibar Rahman, who has been languishing in jail hazot in connection with Bagribari P.S. Case No. 81/2018, under Section 4 of the POCSO Act, for grant of bail.

¶3Mr. M.U. Mondal, learned counsel for the accused submits that the accused could not appear before the learned Court below on one date and therefore, the learned Court below had issued non-bailable warrant of arrest against the accused, and thereafter, on the strength of the non-bailable warrant of arrest, he was arrested on 11.01.2024, and since then, he has been languishing in jail hazot. Mr. Mondal further submits that the accused will appear before the learned Court below on each and every date and therefore, it is contended to allow the application.

¶5On the other hand, Mr. R.J. Baruah, learned Addl. Public Prosecutor, referring to the scanned copy of the records received from the learned Court below, submits that trial in this case has already been completed and the matter is pending for pronouncement of the judgment only, and it was fixed on

02.02.2024, and on that day, on the basis of an order of this Court passed on Page No.# 3/3

30.01.2024, the learned Court below has deferred pronouncement of the judgment.

¶6Since the trial has already been completed and the matter is pending for pronouncement for judgment, this Court is of the view that at this stage, enlarging the accused on bail will again cause delay in disposal of the case, as his antecedent is not up to the mark, and therefore, this Court is inclined to dismiss this application.

¶7The learned Court below is directed to dispose of the case, in accordance with law.

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

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010014062024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./250/2024o HABIBARoRAHMANo S/OoLT.oMAFIJQLoALIo R/OoBHELAKABAoPT.IIo P.O.oSAPATGRAMo P.S.oBAGRIBARIo DIST.KOKRAJHAR,oASSAMo PIN-783349 VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM 2:MONIRoUDDINoAHMED oS/OoLT.oNASIRoUDDINo VILL-oBALAKOBAoPT.IIo P.O.oSAPATGRAMo P.S.oBAGRIBARIo DIST.oKOKRAJHAR oASSAMo PIN-o783349 3:MALLIKAoPARBIN oD/OoMONIRoUDDINoAHMEDo W/OoSADDAMoHUSSAINo VILL-oGUTIPARAoPT.IVo P.O.oGUTIPARAo P.S.oBILASIPARA o DIST.oDHUBRI oASSAMo PIN-78334o Page No.# 2/3 Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN