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2026 DAILYLAW 15239 (GAU)

SADAM HUSSAIN ALIAS SADDAM HUSSAIN v. THE STATE OF ASSAM

Bail Appln./3041/2026 · 2026-09-29

Shamima Jahan

body2026

Judgment text

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Page No.# 1/2 GAHC010217422026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3041/2026 SADAM HUSSAIN ALIAS SADDAM HUSSAIN SON OF LATE AKHTAR ALI, RESIDENT OF VILLAGE GOLEDIKHOLA, POLICE STATION MUKALMUYA, DISTRICT NALBARI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. JITENDRA PATOWARY, MR. A K SINGH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.09.2026 Heard Mr. AK Singh, learned Counsel for the petitioner and Mr. RJ Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Jalukbari PS Case No. 294/2026 registered under Section 311 of BNS, 2023. 3. The learned Counsel for the petitioner submits that the case against the Page No.# 2/2 petitioners was lodged under Section 311 BNS and the mandatory period for completion of the investigation is 60 days. He further submits that the Investigating Officer has not completed the investigation and the charge sheet is not submitted and that the petitioner till date has been inside the jail for 62 days. He further submits that the petitioner was arrested on 31.07.2026 and today is the 62nd day of the incarceration. 4. Mr. RJ Baruah, learned Additional Public Prosecutor for the State, upon instruction submits that the investigation is still pending and the charge sheet is not submitted. 5. In view of the expiry of the mandatory period, this Court deems it fit to enlarge the petitioner on default bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of CJM, Kamrup(M) under the following conditions: i) the petitioner will appear before the Investigating Officer as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant