SHAJAMAL SIKDAR ALIAS SHAJAMA LHOQUE v. THE STATE OF ASSAM
Bail Appln./924/2025 · 2025-03-26
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9775 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9775 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010063412025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./924/2025 SHAJAMAL SIKDAR ALIAS SHAJAMA LHOQUE S/O-AMZAD MULLAH, R/O-DHANBANDHA, P.S-BARPETA, DISTRICT- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR PARAM HANGKHA KONWAR, MS. B M LAHKAR,MS. P BORAH Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.03.2025
1. Heard learned counsel Ms. P. Borah for the petitioner Shajamal Sikdar @Shajamal Hoque .
2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 01.03.2025 in connection
Page No.# 2/3 with Howly Police Station Case No. 08/2025 under Sections 331(4)/305 of the BNS.
3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.
4. The allegation against the petitioner is that he has committed theft from a building.
5. Learned Additional Public Prosecutor has raised serious objection stating that several gold ornaments and valuable articles have been stolen in connection with this case.
6. Case Diary is required to be scrutinized.
7. I have considered the submissions at the Bar.
8. The petitioner has been behind bars for 27 days It is submitted that further custodial detention may not be required for the progress of investigation. The petitioner has pledged to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him.
9. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Barpeta, under the conditions that: (i) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) The petitioner shall refrain from such
Page No.# 3/3 activities with which he is alleged, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission.
10. On breach of any of the bail conditions, the Jurisdictional Court/Elaka Magistrate is at liberty to immediately cancel the bail granted to the petitioner.
11. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant