Shahjamal Ali @ Shajamal Ali v. The State of Assam

ORDER

04.01.2024 Heard Mr H A Ahmed, learned counsel for the petitioner, Shahjamal Ali @ Shajamal Ali.

¶3The petitioner has filed this application under Section 439 CrPC, with prayer for bail as he is in jail since 07.11.2023, in connection with Barpeta PS Case No. 536/2023, under Section 21 (b) of the NDPS Act. Page No.# 2/2

¶3Heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted on behalf of the present petitioner that he is behind bars for 59 days. The statutory period as per Section 167(2) of the Code of Criminal Procedure, 1973, is 60 days. The petitioner is also willing to cooperate with the remaining part of the investigation. He is a local resident and he is not a flight risk.

¶5I have considered the submissions at the Bar with circumspection. I have also perused the Case Diary.

¶6Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-, with a suitable surety of the like amount, to the satisfaction of the learned Special Judge, Barpeta, under the condition that-

i) the petitioner shall refrain from such activities with which he is alleged, failing which, bail order shall stand cancelled.

¶7Bail Application stands disposed of.

¶8Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010274122023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4438/2023 SHAHJAMAL ALI @ SHAJAMAL ALI S/O LATE FAJAL HOQUE VILL- DAKHIN BHAKUAMARI P.S. BARPETA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND