Habibur Rahman v. The State of Assam

ORDER

19.01.2024 Heard Mr. M Hoque, learned counsel for the petitioner as well as Mr. D. Das, learned Additional Public Prosecutor, Assam. This is an application filed under Section 439 CrPC by the petitioner, namely, Habibur Rahman, who is facing trial in Sessions Case No. (1) 11(H)/2018 pending in the court of the learned Sessions Judge, Hojai, has prayed for release on bail. Page No.# 2/2 Mr. Hoque submits that the petitioner, in order to earn livelihood, went outside the state of Assam and therefore, trial court issued P & A. On execution of P&A, the petitioner was remanding to custody. Mr. Das, on the other hand, submits that the trial of the case is at fag end and 10 (ten) witnesses are already examined. According to Mr. Das, releasing the petitioner on bail would cause delay in disposal of the case. I have considered the submissions made by the learned counsel for both the sides and decided to agree with Mr. Das that if the petitioner is allowed to go on bail at this stage, there will be delay in disposal of the case before the trial court. Therefore, the present bail application stands dismissed and disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010285202023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4542/2023 HABIBUR RAHMAN S/O LT. KUTALALI @ MIYA VILL- BAMUNGAON P.S. LANKA DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR Z HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA