Page No.# 1/2 vs The State Of Assam
2022 Latest Caselaw 855 Gua

                                                                   Page No.# 1/2

GAHC010046372022




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

                             Case No. : Bail Appln./542/2022

             SANIDUL ISLAM AND ANR
             S/O NAZRUL SEKH
             R/O VILL- GARAIMARI NO. 3
             P.S. PANBARI
             DIST. CHIRANG, ASSAM

             2: ISKAR ALI
              S/O ABDUL MAJID SEKH
             VILL- GARAIMARI NO. 3
             P.S. PANBARI
             DIST. CHIRANG, ASSAM

             VERSUS

             THE STATE OF ASSAM
             TO BE REP. BY THE PP, ASSAM


Advocate for the Petitioner : M M RAHMAN
Advocate for the Respondent : PP, ASSAM

                                  BEFORE
                 HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                         ORDER

10-03-2022

Mr. M.M. Rahman, learned counsel represents the petitioner. Mr. B.B. Gogoi, learned Additional Public Prosecutor, represents for the State respondent.

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It has been submitted by the learned counsel for the petitioners that the accused-petitioners have been in custody for 56 days as on date. However, on consideration of the materials placed before this Court, this Court has calculated that the accused-petitioners have been in custody for 52 days, excluding the date of remand.

The learned counsel for the petitioners has also placed the order dated 06-10- 2020, passed by a co-ordinate Bench of this Court in Bail Application No. 1636/2020 to indicate that on the basis of the statement of the co-accused, the petitioners were arrested, therefore, the Court referring to the judgment of the Hon'ble Supreme Court in the case of Ranjit Singh Brahmajeet Singh -vs- State of Maharashtra & Another, reported in (2005) AIR SCW 2215 as well as another

order passed by the learned Special Judge under the NDPS Act (Additional Sessions Judge No. 3), Kamrup (M), Guwahati, in Bail Application No. 308/2021, granted bail to the co-accused of this case.

This Court is unable to persuade itself to accept both the decisions in the facts of the instant case. The Court is aware of the fact that the investigation in an organized crime may also be based on the statement of the co-accused. The Investigating Police Officer may find/collect some evidence/materials against the petitioner in the course of the investigation and a reasonable time be given to the Investigating Police Officer to investigate into the case. However, call for the case diary.

List the matter on 16-03-2022.

JUDGE

Comparing Assistant