1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 116 /2023 (@ SLP (CRL.)NO. 6274/2022)
MOKBUL HUSSAIN APPELLANT(S)
VERSUS
THE STATE OF ASSAM RESPONDENT(S)
O R D E R
Leave granted.
The appellant has filed a bail application challenging the order dated 21.04.2022 passed by the Gauhati High Court rejecting his application seeking bail under Section 439 Cr.P.C.
We have heard learned counsel for the parties. Having regard to the undisputed fact that the other two co-accused from whom the recovery of Contraband and mobile handset was made, have already been released by the Court and the same have remained un-challenged at the instance of the respondent-state.
2 Further, considering the additional fact that the present appellant was implicated at the instance of the statement of the co-accused, the accused deserves to be released on bail.
The appellant is, accordingly, directed to be released on bail on such terms and conditions as deemed fit and proper by the trial Court.
The appeal is allowed accordingly.
Pending application(s), if any, shall also stand disposed of……………………J. ( VIKRAM NATH )
…………………..J. ( BELA M. TRIVEDI )
NEW DELHI
13 th
JANUARY, 2023
3 ITEM NO.10 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6274/2022
(Arising out of impugned final judgment and order dated 21-04-2022 in BA No. 394/2022 passed by the Gauhati High Court)
MOKBUL HUSSAIN Petitioner(s)
VERSUS
THE STATE OF ASSAM Respondent(s)
(FOR ADMISSION and I.R. )
Date : 13-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE VIKRAM NATH
HON’BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s ) Mr. Avijit Roy, AOR
For Respondent(s) Ms. Nimisha Menon, ADv.
Ms. Monalisa Kosaria, Adv.
Mr. Aastik Dhingra, Adv.
Mr. Shuvodeep Roy, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appellant is directed to be released on bail on such terms and conditions as may be deemed fit and appropriate by the learned Trial Court.
The appeal is allowed in terms of the signed order. Pending applications, if any, shall stand disposed of.
(SONIA GULATI) (BEENA JOLLY)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Signed order is placed on the file)