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Gauhati High Court

Jakir Hussen @ Md. Jakir Hussain vs The State Of Assam on 15 December, 2022

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                Page No. 1/3

GAHC010245032022




                              THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : AB/3551/2022

            JAKIR HUSSEN @ MD. JAKIR HUSSAIN
            S/O LATE ABDUL RAHMAN
            R/O VILL- DAKSHIN JARAMARI, P.S. DHING, DIST. NAGAON, ASSAM, PIN-
            782123

            VERSUS

            THE STATE OF ASSAM
            REP BY THE PP, ASSAM

Advocate for the Petitioner   : MR. A SARMA

Advocate for the Respondent : PP, ASSAM

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 15-12-2022 Heard Ms. G. Swami, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent State of Assam.

2. By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Jakir Hussen @ Md. Jakir Hussain has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Dhing Police Station Case no. 122/2022, registered for the offences punishable under Sections 447/326, Indian Penal Code [IPC].

3. The informant in the First Information Report [FIR], lodged on 16.07.2022 has alleged that at around 11-00 a.m. on 10.07.2022, the petitioner assaulted the informant and the informant's younger brother by a knife and as a result, they sustained grievous injuries.

4. Ms. Swami, learned counsel for the petitioner has submitted that the petitioner is a patient of paranoid schizophrenia and is presently undergoing the treatment at the LGB Regional Institute of Mental Health, Tezpur.

5. Ms. Sarma, learned Additional Public Prosecutor who has received that case diary, has submitted that as per the medical reports available in the case diary, both the informant and his younger brother sustained cut injuries and it was opined that the same was caused by a knife. But the nature of injury sustained by the two injured had not been mentioned in the medical reports.

6. From the materials in the case diary, collected during the course of investigation carried out so far, it has emerged that on the date of the incident all three i.e. the informant; the informant's younger brother; and the petitioner were present in the courtyard of the informant's house and due to certain altercation on a trivial matter, there was a fight initiated amongst them. The petitioner who was cutting meat at that time with a knife, had attacked the other two by the knife in the heat of the moment.

7. Having regard to such fact situation emerging from the materials in the case diary; the projections made on behalf of the petitioner is that the petitioner is suffering from mental illness [paranoid schizophrenia] on the basis of the document annexed to the case record; and the progress made in the investigation carried out so far; this Court is of the considered view that custodial interrogation of the petitioner is not necessary for the purpose of carrying out further investigation into the case and his release on pre-arrest bail, at this stage of investigation, is not likely to bring any adverse effect in the course of further investigation, provided he extends his assistance and co-operation in the further investigation of the case by joining the investigation.

8. Accordingly, it is provided that in the event of arrest of the petitioner viz. Jakir Hussen @ Md. Jakir Hussain in connection with Dhing Police Station Case no. 122/2022, he shall be released on bail on furnishing a bail bond of ₹ 25,000/- with one local surety of the like amount, to the satisfaction of the arresting authority, subject to the conditions that :

[i] the petitioner shall appear before the Investigating Officer [I.O.] of the case within 7 [seven] days from today and also cooperate with the investigation and shall thereafter, make himself available as and when his presence are required by the I.O. in the investigation of the case;

[ii] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and [iii] the petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

9. The application stands disposed of in the aforesaid terms.

JUDGE Comparing Assistant