Hasim Ali @ Hashem Ali v. The State of Assam

ORDER Date : 08-09-2023 Heard Mr. S.U. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 By this application under section 439 Cr.P.C., the petitioner namely, Hasim Ali @ Hashem Ali, is praying for bail in connection with Dispur P.S. Case No. 1362/2023, corresponding to G.R. Case No. 5241/2023 under sections 379 of I.P.C. as the petitioner is shown arrested on 07.08.2023. Case diary is received and perused the same. It is submitted by the learned counsel for the petitioner that the petitioner is shown arrested in connection with this case on 07.08.2023 though he is in custody in connection with Dispur P.S. Case No. 1388/2023 since 24.07.2023. Thus, the I.O has got sufficient time for custodial interrogation in connection with this case as well as in connection with earlier Dispur P.S. Case No. 1388/2023. Further, it is submitted that even after the arrest in connection with the earlier case as well as after shown arrested in connection with the present case, the accused petitioner was never asked for any police remand for interrogation and nothing has been seized from his possession in connection with the present case. However, the present petitioner is ready and willing to co-operate with the further investigation of the case, if he is enlarged on bail. In this context Mr. N. Baishya, learned Additional Public Prosecutor for the State of Assam has submitted that sufficient incriminating materials are found against the accused petitioner in the case diary and earlier also present petitioner is involved in the similar kind of offence and he is a habitual offender and some parts of the vehicle were already seized from his possession in connection with the earlier case i.e Dispur P.S. Case No. 1388/2023 for which he was shown arrested in connection with the present case also. Raising objection, learned APP further submitted that custodial interrogation of the accused petitioner may be necessary in this case to unearth the other facts relating to the present case. After hearing the submissions of learned counsel for both sides, I have also Page No.# 3/4 perused the case dairy, from which it reveals that the present accused petitioner is arrested in connection with the present case on 07.08.2023. However, he is in custody since 24.07.2023 in connection with Dispur P.S. Case No. 1388/2023. It also reveals that police never asked for any remanded of the accused petitioner for custodial interrogation or for recovery of any stolen articles though he is in custody since last 47 days including the detention in connection with Dispur P.S. Case No. 1388/2023. Considering the entire facts and circumstances of the case as well as considering the length of detention of the accused petitioner, I find it prudent to allow the accused petitioner namely, Hasim Ali @ Hashem Ali to go on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with one suitable surety of like amount, to the satisfaction of the learned C.J.M. Kamrup

(M), in connection with Dispur P.S. Case No. 1362/2023, corresponding to G.R. Case No. 5241/2023 under sections 379 of I.P.C. The bail is granted on the following conditions:

1.That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required;

2.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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe, influence, or intimidate the prosecution witness;

3.that the petitioner shall not misuse his liberty in any manner. Send back the case diary. Page No.# 4/4 The bail application stands disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010188672023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2980/2023 HASIM ALI @ HASHEM ALI S/O SIDDIK ALI R/O KOYAKUCHI PATHAR P.O. NOLIGAON, P.S. KOYAKUCHI DIST. BARPETA, ASSAM PIN CODE- 781352 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S U AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA