Heguilungbe Hezanme @ Guilungbe Zanme and Anr v. The Stateof Assam

ORDER Date : 15.02.2023 Heard Mr. N.K. Murry, learned counsel for the petitioners. Also heard Mr. Bhaskar Sarma, learned APP appearing for the State. Page No.# 2/3

¶2The petitioners, who were arrested on 23.12.2022, are seeking regular bail under section 439 Cr.P.C. in connection with Haflong P.S. Case No. 119/2022, under sections 379 IPC, read with section 3 of the Prevention of Damage to Public Property Act.

¶3The learned APP has prayed for some time to produce the case diary and has also opposed the prayer for bail.

¶4On perusal documents annexed to this application, it appears that 8 nos. (approx 50.00 R.M.) of 150 mm dia G.I. Pipe was stolen by the petitioners and recovery was also made from the petitioners.

¶5Be that as it may, as the petitioners have suffered custody of 54 days as on date, the Court is of the considered opinion that further custodial interrogation of the petitioners may not be necessary. Hence, the Court is inclined to grant bail to the petitioners, namely, (1) Heguilungbe Hezanme @ Guilungbe Zanme, and (2) Kebalungbe Newme @ Kibalungbe Newme in connection with the aforesaid case on furnishing bail bond of Rs.50,000/- each with one solvent surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dima Hasao, Haflong.

¶6Bail is granted on the following conditions: I. The petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required. II. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or Page No.# 3/3 to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. III. The petitioners shall not obstruct the smooth progress of the investigation/trial. IV. The petitioners shall not misuse their liberty in any manner. V. The petitioners shall appear before the I/O within 10 (ten) days from the date of their release and they shall continue to appear once in every month till their appearance is dispensed with or charge-sheet is filed, whichever is earlier.

¶7If the petitioners are found involved in any similar offence, it would be open for the I/O to move the jurisdictional Court and apply for cancellation of bail.

¶8This application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010016282023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./295/2023 HEGUILUNGBE HEZANME @ GUILUNGBE ZANME AND ANR S/O IWANGBE ZANME R/O VILL- NREULOA P.O.HAFLONG, P.S. HAFLONG DIST. DIMA HASAO, ASSAM PIN-788819 2: SRI KEBALUNGBE NEWME @ KIBALUNGBE NEWME S/O SRI HAIHUNGBE NEWME R/O CHOLU HAFLOG P.O. HAFLONG P.S. DIST. DIMA HASAO ASSAM-78881 VERSUS THE STATEOF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N K MURRY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA