Jakir Hussain vs The State Of Assam
2021 Latest Caselaw 2618 Gua

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GAHC010177492021




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

                               Case No. : Bail Appln./2984/2021

            JAKIR HUSSAIN
            S/O ROHIT MIYA
            R/O VILL- CHITALMARI CHAR
            P.O. MOIRABARI, P.S. MOIRABARI
            PIN-782126
            DIST.MORIGAON, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MR D J HALOI

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

29.10.2021

Heard Mr. D.J. Haloi, learned counsel for the accused-petitioner and Mr. K.K. Parasar, learned Additional Public Prosecutor for the respondent State of Assam.

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2. By this application under Section 439, Code of Criminal Procedure, 1973 [CrPC], the accused-petitioner viz. Jakir Hussain has prayed for his release on bail in connection with Moirabari Police Station Case no. 53/1997 registered under Sections 147/148/149/109/302/326/325/376/201, Indian Penal Code [IPC].

3. On the basis of a First Information Report [FIR] dated 03.07.1997, Moirabari Police Station Case no. 53/1997 [corresponding to GR Case no. 455/1997] was registered for offences under Sections 147/148/149/109/302 /326/325/379/201, IPC. The investigation was initiated and after completion of investigation, the Investigating Officer [I.O.] of the case submitted a charge sheet against 27 nos. of accused persons including the present accused- petitioner under Section 147/148/149/109/379/302/201, IPC showing 15 nos. of accused persons as absconders including the present accused-petitioner. As the case was registered for offence under Section 302, IPC which is sessions triable, the case was committed accordingly and Sessions Case no. 95/2006 was registered. A number of charge sheeted accused persons stood the trial and the other charge sheeted accused persons, who did not face the trial, were declared absconders. On conclusion of trial, the learned Sessions Judge, Morigaon by its judgment and order dated 27.05.2013 found few of the accused persons guilty and few other accused persons were found not guilty and were, thus, acquitted. After conclusion of the trial, the informant filed a petition being Petition no. 463/2021 stating that the accused-petitioner who was absconding, was remanded to the District Jail, Morigaon in connection with Sessions Case no. 82/2002. On the said petition, the learned Sessions Judge by order dated 24.02.2021 issued production warrant for caused production of the accused- petitioner. After causing production of the accused-petitioner from custody, the learned Sessions Court, on the basis of the materials on record, by order dated 15.09.2021, framed charges against the accused-petitioner under Sections 147, 148, 149, 302/34, 201/34, 379/34, IPC and the charges were read over and explained to him. The accused-petitioner had denied the charges and claimed to be tried.

4. On a query made by the learned counsel for the accused-petitioner as to whether any application for bail was preferred by the accused-petitioner before the jurisdictional trial court before approaching this Court, the learned counsel for the petitioner has answered in Page No.# 3/3

affirmative.

5. On perusal of the case records, it is found that neither any averment in that regard nor any order passed on any such bail application, stated to have been filed on behalf of the accused-petitioner, has been annexed.

6. In view of the same, the learned counsel for the accused-petitioner shall produce the necessary document(s) in support of his submission that a bail application on behalf of the accused-petitioner was preferred before the jurisdictional trial court seeking regular bail before approaching this Court by the instant application, on the next date of listing.

7. List the case on 08.11.2021.

JUDGE

Comparing Assistant