Jim Keleng v. The State of Assam

ORDER

01.03.2024 Heard Mr. B. Islam, learned counsel for the accused and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2This application, under section 439 Cr.P.C. is preferred by accused, namely, Jim Page No.# 2/3 Keleng, who has been languishing in jail hazot since 05.02.2024, in connection with Guwahati GRPS Case No.37/2024, under Section 381 IPC, for grant of bail.

¶3It is to be noted here that the above noted case has been registered on the basis of an FIR lodged by one Anjanjyoti Mazumdar, Bench Assistant to Special Railway Magistrate, Guwahati, on 03.02.2024. The essence of allegation made in the aforesaid FIR is that on 30.01.2024, he kept a sum of ` 64,600/- in the locker of the Court room and kept the key in his drawer and on 03.02.2024, at about 11:00 a.m. he found the key missing from the drawer and the amount of ` 64,600/- is also missing from the locker and the Court Peon Jim Keleng knows, where he had kept the key of the locker.

¶4Mr. Islam, learned counsel for the accused, submits that the accused was arrested on 05.02.2024 and since then, he has been languishing in jail hazot for last 25 days and that he has been arrested only on suspicion and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the I.O. has collected some materials in support of the allegation made in the FIR and therefore, Mr. Sarma has opposed the petition.

¶6Having heard the submission of learned Advocates for 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. Sarma, learned Additional P.P.

¶7It appears that the accused has been languishing in jail hazot for last 25 days and in view of the materials collected so far in the case diary, further custodial detention of the accused seems to be not warranted in the interest of investigation and therefore, this Court is inclined to allow this petition. It is provided that on furnishing a bond of ` 50,000/- with one surety of the like amount to the satisfaction of the learned C.J.M., Kamrup(M), the accused, namely, Jim Keleng, be enlarged on bail. Case diary be returned. Page No.# 3/3

¶8In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010037132024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./519/2024 JIM KELENG S/O SHRI AMAR KELENG R/O NIZ HAHARA PS. SONAPUR, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM TO BE REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K N KALITA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN