AHMED ALI AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Section 439 Cr.PC praying for bail of the accused petitioners, namely,

(2.) Heard Mr. HRA Choudhury, learned Senior counsel assisted by Mr. AT Sarkar, learned counsel for the petitioners. Also heard Mr. K. Munir, learned Additional Public Prosecutor, Assam.

(3.) Mr. HRA Choudhury, learned Senior counsel for the petitioners submits that the petitioners have been charged under Sections 120B/366A/372/511 IPC. A separate charge under Sections 120B/376D/302/201 IPC has also been framed against the accused petitioners. Other co-accused with similar allegations have already been released on bail by this Court vide order dated 16.12.2015 in Bail Appln. 1719/2015. Out of the 43 witnesses listed by the prosecution, only 4 or 5 witnesses have been examined. Relying on the case of Sanghian Pandian Rajkumar v. CBI, 2014 12 SCC 23, it is submitted that in this case also there is no chance of completion of trial in the near future. In another case of Sanjay Chandra v. Central Bureau of Investigation, 2012 1 SCC 40, it has been held in paragraph 21 as follows:-