Sahab Ali v. The State of Assam

ORDER

11.01.2024 Heard Mr Sk. N Mohammad, learned counsel for the petitioner, Sahab Ali.

¶2The petitioner has filed this application under Section 439 CrPC, with prayer for bail, as he is behind bars since 04.06.2023, in connection with Rangia PS Case No. 323/2023, under Sections 17(c)/29/27(A) of the NDPS Act.

¶3Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Page No.# 2/2 Assam.

¶4It is submitted on behalf of the petitioner that he has been languishing in the jail for a prolonged period, but investigation has not commenced. The personal liberty of the petitioner has been curtailed.

¶5The learned Additional Public Prosecutor has raised objection stating that charge sheet has already been submitted against the present petitioner on 12.10.2023. Charges are yet to be framed and the rigours of Section 37 of the NDPS Act, acts as an embargo against the bail petition.

¶6I have considered the submission of the learned Additional Public Prosecutor that this is not a case where the trial has been procrastinated and the personal liberty of the petitioner has been curtailed due to procrastination of trial and the conduct of the prosecution.

¶7I have considered the import of the section under which the petitioner is booked.

¶8At this juncture, there appears to be no justified ground to grant bail to the petitioner.

¶11Petition with prayer for bail is rejected at this stage.

¶12Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010285302023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4578/2023 SAHAB ALI S/O LT. MAHARUM ALI R/O VILL/TOWN GURKUCHI, P.S. RANGIA, SUB DIV. KAMRUP, DIST. KAMRUP, ASSAM PIN-781354 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. SK S N MOHAMMAD Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND