Dewan Samsuddin v. The State of Assam

ORDER

29.09.2023

Heard Mr. N. Ahmed, learned counsel for the accused and Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Dewan Samsuddin, who has been languishing in jail hazot since 29.08.2023, in connection with the Morigaon P.S. Case No. 244/2023, under Sections 379/420 of the IPC, for granting bail.

¶3The said case has been registered on the basis of one FIR lodged by one Momi Mahanta, on 13.06.2023. The essence of allegations made in the FIR is that on Page No.# 2/3

13.06.2023, at about 4 pm, the informant withdrawn a sum of Rs. 5,000/- from the SBI ATM of Gohaigaon and while she was trying to check the mini statement, then one boy with a black mask, advised her to press the mini Statement button and then she press the mini Statement button and pretending to help her, the boy exchange her ATM Card and therefore, her husband received a massage of withdrawn a sum of Rs. 10,000/- and after sometime again received a massage of withdrawn a sum of Rs. 65,000/- from her ATM Card.

¶4Mr. Ahmed, learned counsel for the accused submits that the accused was arrested earlier in connection with Jagiroad PS Case No. 238/2023, under Sections 279/333/306/420/468/471/34 of the IPC and he has been shown arrested in the present case, on 29.08.2023. Mr. Ahmed further submits that the accused has been languishing in jail hazoot for last 32 days and that further custodial detention of the accused seems to be unwarranted here in this case and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. Das, learned Additional Public Prosecutor has produced the case diary before this Court and submits that several ATM Cards were recovered from one Ariful Islam; Shahidul Islam; and Ramez Ali by the police and that they are habitual offender and that the IO has noted in the case diary that some amount of money has been withdrawn from the bank of the informant's husband at the relevant time and therefore, it is contended to dismiss the petition.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

¶7It appears that the accused has been shown arrested in this case on

29.08.2023, and since then, he has been languishing in jail hazoot for last 32 days. Further it appears from the case diary that the I.O. has achieved substantial progress in the investigation of the case and further custodial detention of the accused seems to be unwarranted here in this case and accordingly, it is provided that on his Page No.# 3/3 furnishing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon, the accused be enlarged on bail.

¶8In terms of above, this bail application stands disposed of.

¶9The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010200732023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3148/2023 DEWAN SAMSUDDIN S/O ABDUL SABBAS R/O VILL- AND P.S. SONAPUR DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN