Gurmukh Singh v. The State of Assam

ORDER

17.05.2024 Heard Ms. F. Hussain, learned counsel for the accused and also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/3

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused, namely, Gurmukh Singh, who has been languishing in jail hazot since 01.04.2024, in connection with Bongaigaon P.S. Case No.116/2024, under Section 120B/153A 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 S.I. Uttam Borah, on 01.04.2024. The essence of allegation made in the aforesaid FIR is that acting on a tip off, he has visited the Khalsa Hotel of the accused Gurmukh Singh, situated at Goraimari and he found one banner, being installed there supporting Khalistan, wherein it is written in Punjabi language that "Forget about the world, talk about Sikh Community, Never forget about 84, talk about Bhindranwale tiger" and also contain some photographs of Sikh Separatist and Pro-Khalistani leaders like Jarnail Singh Bhindranwale, Deep Sidhu, etc.

¶4Ms. Hussain, learned counsel for the accused, submits that the accused was arrested on 01.04.2024 and since then he has been languishing in jail hazot for last 47 days and that Section 153A IPC may not be attracted here in this case and therefore, it is contended to allow this petition.

¶5On the other hand, Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that investigation of the case has already been completed though charge-sheet is yet to be filed.

¶6Having heard the submissions of learned Advocates of 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. Gogoi, learned Additional P.P.

¶7In view of the materials collected so far in the case diary and also the progress of investigation and further, considering the length of detention of the accused in jail hazot, this Court is of the view that his further custodial detention may not be required, in the Page No.# 3/3 interest of investigation and accordingly, this Court is inclined to allow this petition.

¶8It 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., Bongaigaon, the accused, namely, Gurmukh Singh, be enlarged on bail.

¶9In terms of above, this bail application stands disposed of. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010081922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1203/2024 GURMUKH SINGH S/O GIAN SINGH R/O SHERON P.S. SARHALI DIST. TAM TARAN, PUNJAB VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN