Sufia Khatun Mandal and Anr v. The State of Assam

ORDER Date : 16.09.2024 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. H.A. Ahmed Page No.# 2/2 appearing for the petitioners as well as Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023, whereby the petitioners, 1. Sufia Khatun Mandal and 2. Sarbesh Ali have prayed for releasing them on bail in connection with Sarthebari P.S. Case No. 92/2024.

¶3The informant Aynal Hoque had lodged an FIR with the police alleging that the present two petitioners being the president of Gaon Panchayat and being the proprietors of a business establishment had misappropriated public funds.

¶4I have considered the submissions made by the learned counsels of both sides. I have also gone through the case diary.

¶5Both the petitioners have appeared before the Investigating Officer and got their statements recorded.

¶6For the aforesaid reasons, this Court is of the opinion that custodial interrogation of the petitioners is not necessary. Therefore, the bail application of the petitioner is allowed.

¶6The interim bail granted by this Court in favour of the petitioners on 05.08.2024 is hereby made absolute.

¶7The petitioners are directed to appear before the Investigating Officer as and when called for. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010154632024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1993/2024 SUFIA KHATUN MANDAL AND ANR W/O SARBESH ALI VILL- PITAHDI PAM, P.S. SARTHEBARI DIST. BARPETA, ASSAM 2: SARBESH ALI S/O MUKTAR ALI VIL- PITAHDI PAM P.S. SARTHEBARI DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA