Sahib Aktar and Anr v. The State of Mizoram

ORDER

24.01.2024 Heard Ms R Rongmei, learned counsel for the petitioners, 1) Sahib Aktar and 2) Juwel Hossain. Page No.# 2/3

¶2Both the petitioners have filed this application under Section 439 CrPC, with prayer for bail, as they are behind bars for 180 days, since 28.07.2023, in connection with Excise Case No. Ex-N-209/2023, under Section 21 (c) of the NDPS Act, 1985.

¶3Heard Mr A Kalita, learned Additional Advocate General, Mizoram.

¶4Case Diary is not received, nor could the instructions be procured relating to the stage of investigation.

¶5I have considered the submissions at the Bar with circumspection.

¶6It is submitted on behalf of the petitioners that the petitioners have been allegedly apprehended with commercial quantity of heroin, but the petitioners have been languishing in jail for 180 days and they are entitled to default bail as per Section 167(2) of the CrPC.

¶7Considering the submissions of both sides, petition is allowed. The petitioners are enlarged on bail of Rs. 1,00,000/-each with a suitable surety each of the like amount to the satisfaction of the learned Special Judge, Aizawl, under the conditions that:-

i) the petitioners shall refrain from such activities with which they are alleged,

ii) the petitioners shall not tamper with the evidence or try to influence the witnesses, and

iii) the petitioners shall not jump the bail. On breach of any bail conditions, bail order shall stand cancelled. Page No.# 3/3

¶8Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010293842023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./13/2024 SAHIB AKTAR AND ANR S/O AMIR MIAH, RANGAMATI, SONAMURA, P.S.-SONAMURA, SEPAHIJALA, TRIPURA-799131 2: JUWEL HOSSAIN S/O JAKIR HOSSAIN RANGAMATI SONAMURA P.S.-SONAMURA SEPAHIJALA TRIPURA-79913 VERSUS THE STATE OF MIZORAM REPRESENTED BY THE PUBLIC PROSECUTOR, MIZORAM Advocate for the Petitioner : MRS. R RONGMEI Advocate for the Respondent : PP, MIZORAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND