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2020 DIGILAW 430 (GAU)

Sanowar Ali v. State Of Assam

2020-03-26

AJAI LAMBA

body2020
JUDGMENT 1. Sanowar Ali has filed this application for bail under Section 439 of the Code of Criminal Procedure, 1972 in South Salmara P.S. Case No.60/2020 registered under Sections 120(B)/420/468/283/506 IPC, read with Section 4/5 of Assam Land Grabbing (P) Act. 2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge. 3. I have heard Mr. A.Z. Ahmed, learned counsel for the applicant and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam for the respondents. 4. Having gone through the contents of the FIR, I find that the FIR was registered at the instance of the Superintendent, Sub-Divisional Civil Hospital, Hatsingimari. Gist of the accusation against the applicant is that Government land has been illegally possessed by the applicant through forgery of documents. 5. Contention of learned counsel for the applicant is that the applicant shall forthwith give possession of the land back to the Government. Learned counsel for the applicant states that let the possession of the land be considered as released in favour of the Government for the hospital. 6. Considering the undertaking given on behalf of the applicant, learned counsel for the prosecution states that he would have no objection to the release of the applicant. However, stringent conditions be imposed on the applicant. 7. Having considered the facts and circumstances of the case, I hereby direct that the applicant be released on bail to the satisfaction of the Sub-Divisional Judicial Magistrate (M), Hatsingimari. 8. The bail is being granted in view of statement given on behalf of the applicant that the possession of the land at issue be considered as released in favour of the Government. 9. It is further directed that the applicant will not interfere with the investigation or delay the trial and he will cooperate with the investigation. It is made clear that if the applicant violates any of the conditions of the bail, the prosecution would be at liberty to seek cancellation of bail of the applicant. 10. Let a copy of this order be provided under the signature of the Court Master.