Gauhati High Court
Md. Fakrul Islam vs The State Of Assam on 9 March, 2022
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/3
GAHC010029372022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./356/2022
MD. FAKRUL ISLAM
S/O MD. TAJMUL ALI
R/O VILL- AHMED NAGAR
BARPUKHURI, JUGIJAN ROAD,
P.O. AND P.S. HOJAI
DIST. HOJAI, ASSAM
PIN-782435
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR F K R AHMED
Advocate for the Respondent : PP, ASSAM
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:: BEFORE ::
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
09.03.2022 By filing this petition under Section 439 of the CrPC, the petitioner, namely- Md. Fakrul Islam has sought for regular bail, as he is languishing in jail since 12.01.2022, in connection with Panchgram P.S. Case No.179/2021, registered under Section 379/411/120B/420/34 of IPC (corresponding to G.R. No.3261/2021).
Heard the learned counsel for both sides. Also, perused the case diary as well as the documents as annexed.
Several goods, like- agarwood and bags of suspected Burmese supari (betel nuts) were recovered from the truck/vehicle driven by the accused petitioner. According to the petitioner, he was only a driver of the said vehicle and one Saharul loaded said suparis and other articles in his vehicle and he was directed to give the same to one Saharuddin. The petitioner was paid for such delivery.
Case diary, reveals that the I/O has not given its finding as to who is the actual person behind the illegal business of suspected suparies and other articles which were loaded in the vehicle and whereas the petitioner behind the bar since 12.01.2022, is going to complete the statutory period within few days. There is also no report that the seized supari was Burmese or local one.
Page No.# 3/3 Considering all entirety and the length of detention of the accused petitioner, this Court is of the opinion that further custodial detention can be dispensed with.
Accordingly, accused petitioner named above is allowed to go on regular bail of Rs.20,000/-, with one surety of the like amount to the satisfaction of the learned CJM, Hailakandi.
Bail application stands disposed of.
Return the case diary.
JUDGE Comparing Assistant