Shah Alom Haque v. The State of Assam

ORDER

23.02.2024

Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. P.P, Assam.

¶2This is a second bail application under Section 439 of the Cr.PC, 1973 Page No.# 2/3 seeking regular bail for the accused/petitioner, i.e., Shah Alom Haque, who has been arrested on 09.12.2023 in connection with Geetanagar P.S. Case No. 309/2023 registered under Sections 120(B)/448/468/417/420 / 406/409 of IPC.

¶3The facts of the case is that the informant's land was shown sold by committing forgery in the subject Registration Case, Mutation Case, Partition Case and Deed No. 400 by taking advantage of the informant's old age.

¶4The earlier bail application on behalf of the petitioner was rejected by this Court on 30.01.2024, inter alia, on the ground that the investigating was at an active stage.

¶5Mr. S. Munir, learned counsel for the petitioner submits that the petitioner was arrested on 09.12.2023 and has been languishing in jail since 75 days.

¶6Mr. K.K. Parasar, learned Addl. P.P submits that since the two prime accused in the case, i.e., Jayanta Deka and Biswajit Kalita are still absconding, the bail prayer of the petitioner be not entertained.

¶7I have heard the submissions made at the Bar and have perused the materials available on record.

¶8It appears from the up-to-date case diary produced before this Court that the petitioner was interrogated on the next day of his arrest, i.e., 10.12.2023. Considering that the petitioner has been not interrogated thereafter and also taking into account the length of detention, this Court is of the view that further detention of the petitioner is not justified, if he otherwise cooperates in the investigation/trial.

¶9For the aforesaid reasons, the petitioner namely Shah Alom Haque shall be released on bail, in connection with the above noted case, on furnishing bail Page No.# 3/3 bond of Rs.50,000/-(Rupees Fifty Thousand) only with one surety of like amount to the satisfaction of learned C.J.M., Kamrup (M), Guwahati subject to the following conditions that:-

i) The accused petitioner shall cooperate with the Investigating Officer as and when required;

ii) The accused petitioner 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 the Police Officer or the Court; and

iii) The accused petitioner shall refrain from such activities with which he is alleged, failing which, the bail order shall stand cancelled.

¶10Return the up-to-date case diary.

¶11The bail application stands disposed off.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010026672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./367/2024 SHAH ALOM HAQUE S/O LATE SIKANDER ALI, R/O- NAGARPARA, PATHIMARI VILLAGE P/O-KASOMARI, DISTRICT - BARPETA (ASSAM ) PRESENT ADDRESS HATIGAON SUNDARPUR NAGAR, P/S- GEETANAGAR DISTRICT- KAMRUP METRO (ASSAM) VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR R AKHTAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI