Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010064112025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./973/2025 DISEMSON D MARAK AND ANR VILLAGE- 8, LOWER PASGAON, MAHESHKOLA, P.S.- RANGRA, DISTRICT - SOUTH GARO HILLS, MEGHALAYA 2: MATHIAS SANGMA VILLAGE- 11 UPPER NEKORA MAHESHKOLA P.S.- RANGRA DISTRICT - SOUTH GARO HILLS MEGHALAY VERSUS THE STATE OF ASSAM REPRESENTED BY SC, FOREST. Advocate for the Petitioner : MR. N UDDIN, MS. A AKHTAR,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : SC, FOREST,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.04.2025 Heard Mr. N Uddin, learned counsel for the petitioners and Mr. D Gogoi, learned Special Public Prosecutor, Forest Department for the respondent.
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2. This application under Section 483 of the BNSS has been filed by the petitioners, namely, (i) Disemson D Marak and (ii) Mathias Sangma, who are detained behind bars since 08.02.2025 in connection with Offence No. G/62 of 2024-2025 dated 07.02.2025 under Sections 9/39/40/44/48A/49B and 51 of the Wildlife (Protection) Act, 1972.
3. Learned counsel for the petitioners submitted that the petitioners have already completed 60 days of their detention yesterday, i.e., on 08.04.2025 and the maximum period of detention under Section 187 of the BNSS in respect of an offence under Section 51 of the Wildlife (Protection) Act, 1972 is only 60 days. He further submitted that as the petitioner have completed the maximum statutory period of detention, they are entitled to get bail.
4. On the other hand, Mr. D Gogoi, learned Special PP, Forest Department has submitted that the petitioners have already completed 60 days behind the bars and charge-sheet in the case is yet to be submitted.
5. Considering the submissions of both the parties as well as considering the fact that the petitioners have completed the statutory period of detention under Section 187 of the BNSS, they are entitled to be released on bail.
6. Accordingly, the above named petitioners are therefore allowed to be released on bail of Rs. 50,000/- (Rupees Fifty Thousand Only) each, with one surety each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati with the condition that they shall co-operate in the investigation/trial of the case.
7. This bail application accordingly stands disposed of.
JUDGE Comparing Assistant