Jahirul Islam and Anr v. The State of Assam

ORDER

14.03.2023 Heard Mr. HRA Choudhury, learned Sr. Counsel appearing for the accused Page No.# 2/4 petitioners as well as Mr. B. Sarma, learned Addl. P.P., Assam for the state respondent. By this petition under Section 439 Cr.P.C., the accused-petitioners, namely 1) Jahirul Islam and 2) Shajahan Ali have prayed for grant of bail in connection with Dhubri P.S. Case No. 19/2023 u/s 120B/489B/489C/34 of the IPC read with Sections 13/16 of the Assam Cattle Preservation Act. The case diary, as called for, is placed before the Court. Mr. HRA Choudhury, learned Sr. Counsel appearing for the accused petitioners, submits that the accused petitioners have been languishing in jail for 51 days since 22.01.2023 despite being absolutely innocent. Mr. Choudhury further submits that the case has been fabricated due to political rivalry. It has been submitted that on plain reading of the FIR shows that there is nothing on record to show the ingredients of Section 13/16 of the Assam Cattle Preservation Act and on the other hand, total Rs.3,000/- consisting of fake Rs.500 denomination were recovered from their house, but in fact, no such recovery was made. Mr. Choudhury also submits that the instant case at best attracts the penal offence of section 489B of the IPC which is a bailable offence but not 489C as has been registered. Therefore, Mr. Choudhury submits that subject to any condition the accused petitioners may be directed to be released on bail. Mr. B. Sarma, learned Addl. Public Prosecutor, submits that the case diary reveals that both the accused petitioners are involved in cross border smuggling of cattle and in such transactions they mix up fake currency notes with real currency notes. Mr. Sarma further submits that it is apparent from the case diary that both the accused petitioners put in circulation of fake Indian currency Page No.# 3/4 notes. Besides recovery of fake currency notes of Rs.3,000/- from their possession, it is seen that they have complicity to a big international gang of smugglers in cattle trafficking and fake Indian currency notes and further, that co-accused persons whose names have come up during investigation are yet to be arrested. It is also submitted that the sample of seized currency notes are reported to be fake Indian currency notes by the F.S.L., Assam. The FIR, dated 21.01.2023 lodged by SI Hirak Jyoti Das of Dhubri P.S. reveals the allegation that on 19.01.2023, on the basis of reliable source information regarding trading of cattle in exchange of money by one Jahirul Islam along with some other persons, the informant along with his police staff went to Chowk Bazar at Dhubri Town and apprehended said Jahirul Islam. On examination of the mobile phone of the accused person it was learnt that several conversations were made by him with person from Bangladesh and transaction of huge amount of money had been done with one Subrata Dey, Hayder Ali and others. It was also found that one Mydul of Bangladesh works as mediator while sending illegal money received from cattle smuggling to Jahirul through one Sahajahan Ali, who was also arrested. Jahirul paid those money to the cattle smugglers of Dhubri and South Salmara where he mixes some counterfeit notes with original Indian currency. During house search an amount of Rs.3,000/- counterfeit notes (500x6) along with one Pass Book in the name of one Anowar Hussain were recovered. It was found from the bank statement of Anowar Hussain that he had transacted an amount of Rs.1,28,52,952/- from

13.12.2022 to 20.01.2023. Several other persons were also found involved in the said illegal act. A perusal of the case diary, it is prima facie revealed that the accused Page No.# 4/4 petitioners used as genuine fake Indian currency notes knowingly and they are involved in cross border trafficking in cattle (Indo-Bangla international border). Such criminal act is undoubtedly a threat to the national economy of India. Some co-accused persons are yet to be arrested. Therefore, this Court is of the opinion that if the liberty of bail is granted to the accused petitioners, the remaining part of investigation into the case may likely to be hampered. Accordingly, the bail application of the accused petitioners stands rejected. Return the case diary. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010037082023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./632/2023 JAHIRUL ISLAM AND ANR. S/O SAMIRUDDIN AHMED @ SAMIR UDDIN AHMED, R/O BAGULAMARI, P.S.- DHUBRI, DIST.- DHUBRI (ASSAM). 2: SHAJAHAN ALI S/O HARAN ALI R/O SUKHCHAR PART- II P.S.- SUKHCHAR DIST.- SOUTH SALMARA MANCACHAR VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR