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2019 Supreme(Gau) 763
IN THE HIGH COURT OF GAUHATI
Ajai Lamba, J.
Shahen Shah - Appellant
Vs.
State of Assam - Respondent
Bail Application No. 3585 of 2019
Decided On : 15-11-2019
S. Islam, Adv., H. Sarma, Adv., N.J. Gogoi, Adv.
The pending adjudication of a property dispute and the possibility of false implication are relevant factors in considering bail applications.
Headnote:
Bail - Property Dispute - The court allowed the bail application considering the pending adjudication of the property dispute and the possibility of false implication.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Code of Criminal Procedure in a case involving allegations of an attack on a person visiting a tea estate, which is the subject of a pending adjudication.
Finding of the Court:
The court allowed the bail application, considering the nature of the issue, the relationship between the parties, and the possibility of false implication.
Issues: The main issue was the grant of bail to the accused in a case involving a property dispute and allegations of attack.
Ratio Decidendi: The court considered the pending adjudication of the property dispute and the possibility of false implication as key factors in granting bail.
Final Decision: The accused-applicant was granted bail on furnishing bail bond and surety, subject to specific conditions.
JUDGMENT :
Ajai Lamba, J.
Heard learned counsel for the applicant and also learned counsel for the prosecution.
2. Shahen Shah, aged 62 years, has filed this application for bail under Section 439 of the Code of Criminal Procedure, 1973 in Tengakhat Police Station Case No.137/2019 under Section 294/326/307/342/34 of the Indian Penal Code.
3. I have gone through the contents of the FIR at issue. The allegation in the FIR is that when Akhtar Nadim Shah went to visit M/s Amulguri Tea & Seed Estate, he was attacked including by the applicant Shahen Shah.
4. Mr. N.J. Gogoi, learned counsel for the complainant has appeared in the Court.
5. It is the case of the accused and the complainant that Title Suit in regard to the garden-M/s. Amulguri Tea & Seed Estate is pending adjudication. Both the sides claim ownership/possession of the Tea Estate.
6. Considering the nature of the issue and the fact that both sides are relatives and claim title of the property, possibility of false implication cannot be ruled out. Considering the facts and circumstances of the case in totality, the application is allowed.
7. Accordingly, the accused-applicant named above, shall be released on bail in connection with the aforesaid case on furnishing bail bond in the sum of Rs.10,000/-, with a suitable surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Dibrugarh.
8. The direction for bail is further subject to the conditions that the accused applicant :
(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Dibrugarh, without prior written permission from him;
(b) shall not hamper with the investigation, or tamper with the evidence of the case; and
(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
9. The application is allowed in the above noted terms.
