Hemen Brahma @ Lohit v. The State of Assam

ORDER

04.03.2024

Heard Mr. T. Deuri, learned counsel for the accused and Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused persons namely, Sri Hemen Brahma @ Lohit, who has been languishing in jail hazot, in connection with the Dispur P.S. Case No. 2291/2023, under Sections 420/ 406/ 409/ 468/ 419/ 120(B) of the IPC, for granting bail.

¶3The above noted case has been registered on the basis of an FIR lodged by one Parikhit Kalita, on 11.12.2023. The essence of allegation made in the FIR is that the applicant along with three others namely, Sri Debajit Nath; Imtiaz Ahmed; and Hamen Brahma, proposed to sale a plot of land, measuring 1 katha 15 lechas, covered by Dag No. 110(old)/988(new) of kheraj patta No. 89 of village No. 1 Hengarabari, under Beltola mouza, to the informant showing one registered power of attorney bearing Serial No. 5192, Deed No. 1009 dated

28.02.2022 and fixed the consideration at Rs. 2,22,00,000/- and received a sum of Rs. 75,00,000/- from the informant and his friend and Hrishikesh Das as advanced money and thereafter, on 23.05.2022 the accused persons have received another sum of Rs.10,00,000/- from them. Later on, he came to know that the power of attorney is fake and the person who has been shown as owner of the aforesaid plot of land is not the real owner.

¶4Mr. Deuri, learned counsel for the accused submits that the accused was arrested on 22.12.2023, and since then he has been languishing in jail hazot for 70 days. Mr. Deuri further submits that some of the co-accused persons 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 the petition.

¶5On the other hand, Mr. Lahkar, learned Additional Public Prosecutor has Page No.# 3/4 produced the case diary before this Court and submits that the IO has collected some incriminating materials against the accused and therefore, it is contended to dismiss the petition. However, to a pointed query of this Court, Mr. Lahkar submits that the IO has examined some witnesses and collected the specimen signature and handwriting of the accused and sent the same for FSL examination and now the case is pending for collection of the FSL report.

¶6Having heard the submissions of learned Advocates of both sides, 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.

¶7It appears that the accused was arrested on 22.12.2023, and since then he has been languishing in jail hazot for last 70 days. Further, it appears that the IO has collected some incriminating material against the accused and also collected the specimen signature and handwriting of the accused and sent the same for FSL examination and now the case is pending for collection of the FSL report. The material part of the investigation appears to be almost over.

¶8Having considered above and also considering the nature and gravity of the offence and balancing the same with the period of detention, this Court is of the view that further custodial detention of the accused may not be warranted, in the interest of investigation.

¶9Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup [M] at Guwahati, the accused persons be enlarged on bail.

¶10In terms of above, this bail application stands disposed of. Page No.# 4/4

¶11The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010029952024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./277/2024 HEMEN BRAHMA @ LOHIT SON OF MOHIM BRAHMA RESIDENT OF BARBARI HOUSE NO.2 NEAR TENISH COURT CHACHAL P.S. DISPUR DISTRICT- KAMRUP (M) ASSAM PIN- VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR P SONOWAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN