Md Shabad Ali v. The State of Assam

ORDER

08.12.2023

Heard Mr. R. Sarma, learned counsel for the accused and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Page No.# 2/3 Procedure, 1973, is preferred by accused namely, Md. Shabad Ali, who is languishing in jail hazot since 18.10.2023, in connection with the Azara P.S. Case No. 220/2023, under Section 25[1A] of the Arms Act, for granting bail.

¶3The said case has been registered on the basis of one FIR lodged by N. Alexander, on 17.10.2023. The essence of allegations made in the FIR is that on that day at about 7:57 Hrs, 2 numbers of live Ammunition of 32 MM [marked as 7.65] caliber were recovered from hand bag of the accused, at Security Hold Area of LGBI Airport, Guwahati, who was travelling from Guwahati to Imphal.

¶4Mr. Sarma, learned counsel for the accused submits that the accused was arrested on 18.10.2023, and since then he has been languishing in jail hazot for last 53 days. Mr. Sarma further submits that the mandatory period for the offence under Section 25[1A] of the Arms Act is 60 days and there remains only 7 days to elapse the mandatory period and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. Parasar, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the material part of investigation is almost over and there remains to collect FSL report only.

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

¶7It appears that the accused was arrested on 18.10.2023 and since then, he has been languishing in jail hazot for last 53 days. Further, it appears from the case diary that the material part of investigation is almost over and there remains to collect FSL report only and as such, further custodial detention Page No.# 3/3 of the accused seems to be unwarranted here in this case.

¶8Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, the accused be enlarged on bail.

¶9In terms of above, this bail application stands disposed of.

¶10The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010269622023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4401/2023 MD SHABAD ALI S/O SAYED AHMED R/O VILL- KAIRANA P.O. SHRAMALI P.S. KAIRANA DIST. SHAMALI UTTAR PRADESH-247774 PRESENTLY RESIDENT OF VILL- AZARA DIST. KAMRUP (M), ASSAM PIN-781017 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN