Abdul Haque v. The State of Assam

ORDER Date : 13-03-2023 Heard Mr. J. Ali, learned counsel for the applicant. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.

This application filed under Section 439 of the Code of Criminal Procedure, 1973, are preferred by accused/applicants, who has been languishing in jail since 10.02.2023 in connection with Boko P.S. Case No. 50/2023, under Sections 120(B)/468/420/471/500 of the Indian Penal Code.

Case Diary has been received and I have perused the same.

It is submitted by the learned counsel for the applicant, Mr. J. Ali, that the fact of the case is that the informant in his FIR stated that the accused person forged the signature of Shri Piyush Hazarika, Minister, Water Resource, Parliamentary Affairs, Information and Public relations, Social Justice and Empowerment, Govt. of Assam, but the fact is that the applicant is no way involved into the alleged offence as alleged by the informant as because the office bearer of Borgul Bagan Bazar approached one Sri Baba Sonowal who introduced himself as a nephew of Ex-Chief Minister of Assam Sri Sarbananda Sonowal, and who assured the said committee that he has good relation with the aforesaid Minister of Assam and the said person finally procured and delivered those orders in the hands of the office of the said Bazar Committee, stating that the fake notice was issued with a forged official letter pad in the name of Hon'ble Minister addressed to the Deputy Commissioner, Kamrup(R) Page No.# 3/4 with a instructions issued to foreclosure of Bazar Committee. But the instant applicants were totally unknown about the facts as stated by the informant. In the meantime, the forged documents were already recovered and hence, further custodial interrogations of the accused/applicant are not at all necessary herein this case. Hence, the accused/applicant has prayed for regular bail and he is ready to co-operate with I.O. for further investigation of the case, if he is enlarged on bail.

On the other hand, Mr. K. K. Parasar, learned Additional Public Prosecutor has submitted that the case is serious in nature as because of the forged documents one Bazar Committee was supposed to be foreclosure on the basis of a fake notice, which was shown to be signed by Shri Piyush Hazarika, Minister, Water Resource, Parliamentary Affairs, Information and Public relations, Social Justice and Empowerment, Govt. of Assam. However, there are some materials collected by the IO and the investigation is still going on. Thus, custodial interrogation may be necessary herein this case. Further, the learned Additional Public Prosecutor has raised objection to the prayer made by the learned counsel for the applicant.

Considering the submissions of the learned counsels for both sides as well as after perusing the Case Diary, I am of the view that further custodial interrogation may be necessary for the interest of justice and also for proper investigation. Thus, I do not find it a fit case to allow the applicant to go on bail and the same stands rejected.

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In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010054162023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./918/2023o ABDULoHAQUEo S/O.oSOBURUDDIN,oVILL.oPURANKUCHIA,oP.S.oCHHAYGAON,oDIST.o KAMRUP,oASSAM. VERSUSo THEoSTATEoOFoASSAMo REP.oBYoPP,oASSAM. AdvocateoforotheoPetitionerooooo:oMRoSoMoABDULLAHoPo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA