Research › Search › Judgment

Gauhati High Court · body

2018 DIGILAW 352 (GAU)

Paban Ali v. State of Assam

2018-02-23

RUMI KUMARI PHUKAN

body2018
JUDGMENT & ORDER : 1. By this application u/s 439 of the CrPC accused petitioner Md. Paban Ali sought bail in connection with Hajo PS Case No.909 of 2017 U/S -120 (B)/307/507/34 IPC. 2. Heard the counsel for both the parties. 3. The accused person was arrested on 6.12.2017 in connection with Hajo PS Case No.909 of 2017. Case diary has been produced which reflects investigation is still going on pending for examination of further witnesses. The IO has also submitted some objection against bail which be kept on record. The learned counsel for the petitioner has further contends that in view of long detention of the accused person in view of the recent legal pronouncement of the Hon’ble Apex Court regarding statutory period, accused is entitled to default bail. 4. In (2018) 1 SCC Cri. 401, Rakesh Kumar Paul vs. State of Assam, the Supreme Court has mandated that where the offence related to punishment upto 10 years, statutory period for punishment is 60 days and in default of such filing of charge sheet within the statutory period, filing charge sheet (FF) the accused is entitled to the benefit of default bail. In the present case, the petitioner is more than 79 days behind the bar and and offence punishable upto 10 years charge sheet has not yet been filed now. In view of the mandate of law, petitioner is entitled for such default bail for no submission of charge sheet within the statutory period. It is to be noted that IO is not all prompt while investigating the matter hence regards the sensitivity of the matter. However, legally the present accucsed petitioner is now entitled to go for bail. 5. Resultantly, the accused petitioner is allowed to go on bail on furnishing bail bond of Rs.20,000/- with a surety of like amount to the satisfaction of the learned JMFC, Hajo with a direction to cooperate with the investigation with further direction to appear before the IO within 15 days till the end of the investigation and the accused will not leave the jurisdiction of the Court without prior permission of the Court concerned. 6. Bail Application stands disposed of.