MD. MAJIBUR RAHMAN AND ANR v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-22. MD. MAJIBUR RAHMAN AND ANR v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010181642020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln. /2850/2020 MD. MAJIBUR RAHMAN AND ANR S/O LATE ABDUL MAJID, R/O NO. 3 BORGHULI, P. S. -ULUANI, DIST- NAGAON, ASSAM 2: MD. RAJIBUL HOQUE S/O NURJAMAL HOQUE R/O NO. 3 BORGHULI P. S. -ULUANI DIST-NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA ORDER 22. 12. 2020: Heard Ms. S. Saikia, learned counsel for the petitioners. Also heard Mr. N. J. Dutta, learned Additional Public Prosecutor, Assam for the State respondent. Page No. # 2/3 This is an application, filed under Section 439 of the Cr. P. C. seeking bail of the accused-petitioners, namely, (1) Md. Majibur Rahman and (2) Md. Rajibul Hoque, in connection with Uluani PS Case No.
80/2020 registered under Sections 120(B)/420/489(C)/489(D)/34 IPC. Ms. S. Saikia, learned counsel for the accused-petitioners has submitted that the accused-petitioners are in custody for 90 days as on date and charge sheet has not been laid. Mr. N. J. Dutta, learned Additional Public Prosecutor has subscribed to the submission made by the learned counsel for the accused-petitioners stating that the accused-petitioners have been in custody for 90 days as on date and the investigation has not been completed and charge sheet has not been laid. Since the case dairy is available before this Court, and the investigation has not been completed within the statutory period prescribed, therefore, the accused-petitioners are granted default bail. Accordingly, the accused-petitioners, named above, shall be released on bail in connection with Uluani PS Case No. 80/2020 on furnishing bail bond of Rs.
25,000/-each with a suitable surety of the like amount each, to the satisfaction of learned SDJM(M), Kaliabor, Nagaon. The direction for bail is further subject to the conditions that the accused-petitioners: (a) shall not leave the territorial jurisdiction of learned SDJM(M), Kaliabor, Nagaon, without prior written permission from him; (b) shall not hamper with the investigation, or tamper with the evidence of the case; and (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Page No. # 3/3 The petition stands disposed of accordingly. Return the case dairy. JUDGE Comparing Assistant
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