Musstt Alimon Begum and Anr v. The State of Assam

ORDER Date : 31.05.2024

Heard Mr. S. Munir, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. This is an application made under Section 439 Cr.P.C., seeking bail by the petitioners, namely,

1.Musstt. Alimon Begum and 2. Musstt. Sukurjan Begum, in connection with Panbazar P.S. Case No. 72/2024, registered under Section 21(b)/29 of NDPS Act, 1985. The learned counsel for the petitioners submits that the petitioner No. 1 Musstt. Alimon Begum has been granted interim bail by this court on 16.05.2024 and petitioner No. 2 is in judicial custody for 60 days and as such, the bail application in connection with petitioner No. 1 may be made absolute and as the petitioner No. 2 Musstt. Sukurjan Begum has completed mandatory period of 60 days today, bail may be considered. The learned Addl.P.P. has produced the case diary without the FSL report. Having heard the learned counsel for the parties and on perusal of the case diary and averments made in this petition, interim bail granted to the petitioner No. 1 Musstt. Alimon Begum is hereby made absolute. As the petitioner No. 2 Musstt. Sukurjan Begum has completed the mandatory period of 60 days, her bail prayer is allowed. Accordingly, it is provided that the petitioner No. 2 Musstt. Sukurjan Begum shall be released on furnishing bail bond of Rs. 50,000/- with 02(two) sureties of like amount to the satisfaction of the learned Special Judge (NDPS Act) Kamrup (M) Guwahati, subject to the following conditions;-

(i) The petitioner No.2 shall not leave the territorial jurisdiction of learned Special Judge, Kamrup (M), Guwahati without prior written permission from him/her;

(ii) That the petitioner No.2 shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioner No.2 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. Page No.# 3/3 Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application. Return the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010091792024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1342/2024o MUSSTToALIMONoBEGUMoANDoANRo W/OoMD.oRAMJANoALI,oR/OoPACHIMoKAMARPARA,oP.S.-DALGAON,oDIST- DARRANG,oASSAM,oP/R/AoSRCBoROAD,oNO.o3oRAILWAYoGATE,oFANCYo BAZAR,oP.S.-PANBAZAR,oDIST-KAMRUPo(M),oASSAM 2:oMUSSTT.oSUKURJANoBEGUM oW/OoSUBUKULoALI oR/OoSIMLAGURIoROAD oP.S.-BARPETA oDIST-BARPETA oASSAM oP/R/AoSRCBoROAD oNO.o3oRAILWAYoGATE oFANCYoBAZAR oP.S.-PANBAZAR oDIST-KAMRUPo(M) oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oSoMUNIRo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI