Abu Taher Miah vs State Of Tripura

Heard Mr. HK Bhowmik, learned counsel appearing for the accused-petitioner as well as Mr. S.Debnath, learned Additional PP appearing for the State-respondent.

The accused-petitioner, Md. Abu Taher Miah, has been implicated with a case bearing Bishalgarh PS case no. 26 of 2019 registered under Sections 341/325/326/307/34 of the IPC.

Mr. HK Bhowmik, learned counsel appearing for the accused-petitioner has submitted that the accused-petitioner is aged about 63 years and he has been suffering from illness, in respect of which, he has submitted one medical prescription issued by Dr. Manabendra Reang, Tripura Health Service.

Mr. Bhowmik, has further submitted that this court had earlier rejected the anticipatory bail application filed by the petitioner and his son, namely, Md. Zakir Hossain. Thereafter, both the petitioner and his son had approached the Hon'ble Supreme Court with an application for granting them pre-arrest bail. The Hon'ble Supreme Court by its order dated 08.08.2019 has directed the present petitioner, Md. Abu Taher Miah to surrender before the court and gave interim protection to Md. Zakir Hossain.

Thereafter, the petitioner had surrendered before the competent court on 04.09.2019 and on prayer of the investigating officer, he was sent to judicial custody for 3 days. When the petitioner was produced before the Judicial Magistrate, 1st class, Bishalgarh, a prayer was made by the prosecution for 5 days police remand and accordingly, the learned court had allowed the prayer of the prosecution and the accused-petitioner was sent to police custody for 5 days. Thereafter, on his production, he was sent to judicial custody again and till today, the accused-petitioner has been in judicial custody.

Mr. S. Debnath, learned Additional PP has produced the case diary and has submitted that the petitioner is a very influential person in his village and there is every chance of tampering with the evidence, if he is released on bail. Mr. Debnath, has further submitted that the accused-petitioner was absconding after the offence and after two months he filed a petition before the court for granting anticipatory bail, which was subsequently rejected.

I have perused the case diary.

In my opinion, the petitioner is a senior citizen suffering from old age diseases and in compliance of the order of the Hon'ble Supreme Court, the petitioner had surrendered before the learned court. Thereafter, he was sent to judicial custody for 3 days and then again he was in police custody for 5 days and subsequently was again sent to judicial custody, where he has been suffering till today.

Considering all the aspects, in my considered view, the investigating agency had enough opportunity to unearth the truth relating to the offence, since the incident occurred in the month of April, 2019.

At this stage, I am inclined to give interim protection to the accused-petitioner, namely, Md. Abu Taher Miah till 25.09.2019 considering his age and illness.

Accordingly, the accused-petitioner be released on interim bail till 25.09.2019 on furnishing a bond of Rs. 2 lakh with two sureties each of the like amount, one of whom must be a State-government employee, residing at Tripura, to the satisfaction of the Judicial Magistrate, 1st class, Bishalgarh.

It is further directed that the accused-petitioner shall appear before the Officer-in-Charge of the Bishalgarh PS or the concerned investigating officer on each and every day, till 25.09.2019.

If the petitioner tries to tamper with the evidence, liberty is reserved with the prosecution to approach this court for cancellation of his bail in accordance with law.

List the matter again on 25.09.2019.

Return back the case diary.