Shahabuddin Sk. @ Shahabuddin Sheikh v. The State of Assam

ORDER Date : 27-05-2024

Heard Ms. B. Gogoi, learned counsel for the petitioner Shahabuddin Sk @ Shahabuddin Sheikh.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC for short) as he is behind bars since 25.03.2024 Page No.# 2/2 in connection with Bongaigaon Police Station Case No. 109/2024 under Sections 302/34 of the Indian Penal Code, 1860.

¶3Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent State.

¶4The learned Additional Public Prosecutor has submitted that according to the postmortem report and the opinion of the doctor, death of the victim was suicidal in nature due to ante mortem hanging.

¶5Considering the submissions at the bar and considering the length of detention and progress of investigation, petition is allowed.

¶6The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon.

¶7In the above terms and observations, this Bail Application stands disposed of.

¶8Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010093072024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1348/2024 SHAHABUDDIN SK. @ SHAHABUDDIN SHEIKH S/O LATE JUBAN ALI R/O VILL- LINGDOBA, P.S. BONGAIGAON IN THE DISTRICT OF BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS M BORAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND