Monowar Hussain v. The State of Assam

ORDER

18.01.2024

Heard Mr. N. Ahmed, learned counsel for the accused and Mr. R.J. Barua, 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, Monowar Hussain, who has been languishing in jail hazot, in connection with the Gobardhana P.S. Case No. 138/2023, under Sections 457/380/401 of the IPC, for granting bail. Page No.# 2/2

¶3Mr. Barua, learned Additional Public Prosecutor submits that he has not received the case diary, but he has the instruction that after completion of investigation the IO has returned the case in Final Report, being F.R. No. 26/2023, dated 31.12.2023.

¶4In view of above, this bail application becomes infructuous and accordingly, the same stands closed.

¶5The accused shall be released from the jail hazot forthwith, if not warranted in any other cases.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010284712023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4622/2023 MONOWAR HUSSAIN S/O MATIUR RAHMAN R/O VILL- BUNMAJA GAN P.S. GOBARDHANA DIST. BAKSA, 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