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2025 DAILYLAW 5554 (GAU)

ABDUL MATALIB v. THE STATE OF ASSAM

Bail Appln./90/2025 · 2025-03-16

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010005052025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./90/2025 ABDUL MATALIB S/O MD. SOUKAT ALI R/O VILL- KEIBUNG MAKHA LEIKAL P.S. LILONG, DIST. THOUBAL, (MANIPUR), PIN-795138 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR G U AHMED, S. NARGIZ HAFIZA,MS S. MEHJABIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 17.03.2025 Heard learned counsel, Mr. G. U Ahmed, for the petitioner namely, Abdul Matalib, who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind the bars since 17.08.2023 in connection with Special (Nar) Case No. 153(M)/2023 arising out of Manikpur P.S Case No. Page No.# 2/2 151/2023, under Sections 22(a)/22(c)/23(c)/25/29 of the NDPS Act. It is submitted on behalf of the petitioner that the petitioner’s right to liberty has been infringe as he is behind bars for 1 year and 82 days. It is further submitted that petitioner is innocent and has been falsely incarcerated for such a prolonged period. The learned Additional Public Prosecutor, Assam, Mr. K. Baishya has raised serious objection stating that out of 9 enlisted witnesses 4 have already been examined. I have considered the submissions at the bar with circumspection. The trial is progressing at a regular pace. At this juncture it cannot be considered that the Trial is procrastinating and the petitioner’s right to personal liberty has been curtailed. At this juncture it cannot be considered that the conclusion of Trial appears to be remote. This is a case of grievous offence and the petitioner is facing Trial for transporting 4.892 kgs of YABA tablets interstate. Considering all aspects, the petition with prayer for bail is rejected at this stage. JUDGE Comparing Assistant