Md. Suman Miah @ Gabbar And ANR v. The State Of Tripura

Case No :AB 0000058/2015 Party Name : MD. SUMAN MIAH @ GABBAR & ANR Vs THE STATE OF TRIPURA HONBLE THE CHIEF JUSTICE DEEPAK GUPTA IThis is an application for grant of anticipatory bail filed by the accused applicant in respect of P.S. Case No.29 of 2015 registered with P.S. West Agartala under Sections 120(B)/148/149/ 307/397 of IPC. The allegation against the accused applicants is that one Subir Majumder alias Abu lodged a complaint with the Battala Out Post alleging that on 20th March, 2015 at about 4.15 p.m. he was proceeding towards his own shop situated at Gangail Road along with one Bishnu Paul on his scooter. When he reached near the forest office there the applicants and one Nurul Islam alias Nur Miah were waiting in an Aulto Car. There were some other persons in the car also. Nur Miah demanded Rs.10,000/- out of which Rs.

4,000/- was due to Nur Miah by the complainant. According to the complainant, he stated that he would give the amount of Rs.4,000/- which he owed to Nur Miah by the end of the month. Thereafter, the applicant Suman Miah alias Gabbar and Nur Miah snatched the gold chain from his neck and Sankar Debbarma and another applicant Biswajit Choudhury alias Botol Bishu caught hold of him by his hands and he was beaten up by Suman Miah and given a blow with a sharp cutting weapon on his left eye. Thereafter the assailants fled away. This FIR was lodged on 21st March, 2015. The applicants have been moving bail applications one after another and the police have not thought it fit to arrest the accused applicants till today.

Even on 28th July, 2015 this Court had only issued 'Notice' and had not even granted interim bail but still the applicants were not arrested. The occurrence took place on 20th March, 2015. Now we are in the month of August, 2015. Almost 5 months have elapsed. It is apparent that the police is not interested in arresting the accused.

I also find that before the learned Sessions Judge the learned Addl.P.P had submitted that both parties i.e. the accused applicants and the complainant are two different groups of 'mafias' who are fighting with each others. If the complainant also belongs to a mafia group what reliance can be placed on his bald allegation?

Another shocking aspect of the matter is that the learned Additional Sessions Judge has noted that he gave three dates but the medical reports were not produced. Today along with the Case Diary a medical report has been produced but this report of injury is dated 2nd June, 2015. In a criminal case the contemporaneous evidence is the most important. The police should have seized the medical record of 20th March and 21st March, 2015 to show what were the injuries on that day. This is a clear case where it is more than apparent to me that the police itself is not interested in apprehending the accused for whatsoever reasons. The fight is appears to be between two criminal groups. More than 4 months have elapsed and now nothing is going to come out from the arrest of the accused because whatever evidence had to be collected has already collected and no further investigation is required to be carried out.

In view of the above facts, I feel that this is a fit case for grant of ad interim anticipatory bail and accordingly, it is directed that in the event of their arrest, the applicants Md. Suman Miah alias Gabbar and Sri Biswajit Choudhury alias Botol Bishu shall be enlarged on bail on their furnishing a bail bond in the sum of Rs.10,000/- (Rupees ten thousand) each with one surety in the like amount to the satisfaction of the arresting officer subject to the following terms and conditions:- (i) The applicants are directed not to tamper with or in any manner influence the prosecution witnesses;

(ii) The applicants are further directed not to in any manner try to influence any of the prosecution witnesses;

(iii) The applicants are further directed not to cause any hindrance in the investigation; (iv) That applicants shall appear before the Investigating Officer at 11.00 a.m. on Monday (10.8.2015) and thereafter on every date for which a written notice is served upon them; (v) In case, the applicants violate any of the conditions or tries to delay the trial the prosecution shall be at liberty to apply for cancellation of bail. On the applicants filing application for supply of the copy on payment of appropriate fees, the copy of the same shall be supplied to them by tomorrow. Download Date: 8-05-2017 16:05 1/1