Saddam Hussain v. The State of Assam

ORDER Date : 17.05.2024

Heard Ms. M. Zomuanpuii, learned counsel for the petitioner. Also heard Page No.# 2/3 Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused/petitioner, who has been arrested in connection with Dharamtul P.S. Case No. 08/2024, under Section 395 of the Indian Penal Code.

Case Diary has not been received.

It is submitted Ms. M. Zomuanpuii, learned counsel for the petitioner, that the accused is behind the bar since 19.02.2024 and hence, considering his length of detention, he may be enlarged on bail. However, he is ready to extend his full co-operation with the I.O. in the further investigation of this case.

In this context, Mr. P. Borthakur, learned Additional Public Prosecutor, has submitted that the earlier bail petition of the present accused/petitioner was rejected considering the incriminating materials against him. However, considering his length his length of detention, i.e. 89 days, his prayer may be considered.

After hearing the submissions made by the learned counsels for both sides and without going by the merit of the case and only considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation of the accused/petitioners seems to be not necessary for the interest of investigation. Page No.# 3/3

Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon, the accused/petitioner, namely, Md. Saddam Husain, be enlarged on bail, subject to the following conditions:

(i) that the petitioner shall fully co-operate with the I.O. and shall make himself available for interrogation by the I.O. as and when required in connection with the aforesaid P.S. Case;

(ii) that the petitioner 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 Court or to any police officer; and

(iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Morigaon, without prior permission.

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

Page No.# 1/3 GAHC010093852024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1358/2024 SADDAM HUSSAIN S/O SEKENDER ALI RO GORUCHATAKA NEAR MAJAR ROAD, GORIGAON P.O. AND P.S. DHUPDHARA DIST. GOALPARA, ASSAM-783101 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV. Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA