JAINAL ABEDIN v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-17. JAINAL ABEDIN v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010174272020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln. /2748/2020 JAINAL ABEDIN S/O LATE IKRAM HUSSAIN, R/O HOUSE NO. 66, HATIGAON CHARIALI, AJANTA PATH, P. S. -HATIGAON, GUWAHATI, DIST-KAMRUP(M), ASSAM, PIN-781038 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K H KHANDAKAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER 17-12-2020 By this application under Section 439 Cr. P. C. , the accused-petitioner, namely, Jainal Abedin has sought for bail in connection with Hatigaon Police Station Case No. 529/2020, registered under Section 326/307 IPC. Heard the learned counsel appearing for the petitioner and the learned Additional Public Page No. # 2/2 Prosecutor, appearing for the State. Also perused the materials on record. Case diary although as called for and the same is not received yet.
On the other hand the learned counsel for the petitioner has prayed considering on the length of the detention on the nature of acquisition. As it appears from the FIR itself that due to crossing over the newly constructed slab over the premises of the accused, there was a quarrel between the husband of the informant and the accused and in the process, there was assault on the part of the accused upon the said person. The accused is behind the bar since 04. 10. 2020. Having regard to the materials on record and the length of detention and the factum of recovery etc. it can be inferred that release of accused at this stage will not hamper the investigation. Accordingly, the accused petitioner is hereby allowed to go on bail in connection with the case aforementioned on furnishing bail bond of Rs. 20,000/- with one suitable surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati.
In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant
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