Muzammil Haque @ Mozamuddin v. The State of Assam

ORDER

03.01.2024 Heard Mr. N. Uddin, learned counsel for the accused and also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2This application, under section 439 Cr.P.C. is preferred by accused, namely, Muzammil Haque @ Muzamuddin, who has been languishing in jail hazot since

04.11.2023, in connection with ACB P.S. Case No.94/2023, under Section 7(a) of the P.C. Page No.# 2/2 Act, for grant of bail.

¶3It is to be noted here that the above noted case has been registered on the basis of an FIR lodged by one Ripu Chetia on 04.11.2023.

¶4Mr. Uddin, learned counsel for the accused, submits that the accused is behind the bar for last 61 days and till date no charge-sheet has been submitted by the I.O. and as such, the accused is entitled to default bail as the mandatory period of detention for the offences allegedly committed by the accused is 60 days and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, submits that the investigation has not yet been completed and no charge-sheet has been submitted till date.

¶6Having heard the submission of learned Advocates for both the sides, I have carefully gone through the petition and the documents placed on record and it appears that the accused was arrested on 04.11.2023 and he is languishing in jail hazot for last 61 days. The mandatory period of detention has already been completed and no charge-sheet has been submitted till date.

¶7Therefore, this Court is of the view that the accused is entitled to default bail. Accordingly, it is provided that on furnishing a bond of Rs.50,000/- with one surety of the like amount to the satisfaction of the learned Special Judge, Assam, the accused be enlarged on bail.

¶8In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/2 GAHC010278002023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4492/2023 MUZAMMIL HAQUE @ MOZAMUDDIN S/O LATE ABDUL LATIF, RESIDENT OF NIZ BISWANATH, NEAR NA BAZAR ISLAMPUR MASJID, PS BISWANATH CHARIALI, DIST BISWANATH, ASSAM 784177 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. N UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN