Mohibul Alom And Anr vs. The State Of Assam

Held

The Court granted bail to both petitioners, Mohibul Alom and Saber Ali, on a bond of Rs. 30,000/- each with one surety of like amount. The Court considered the submissions made by both sides, the progress of the investigation, and the period of detention already undergone by the petitioners. It also took into account the documents produced by the petitioners, demonstrating their valid business of areca nuts. The Court opined that further custodial detention might not be necessary if the petitioners cooperate with the Investigating Officer. A key condition for bail is that both petitioners must continue to cooperate with the Investigating Officer and appear before them as and when required for the sake of a fair investigation. The bail application was disposed of with these observations.

Facts

The petitioners, Mohibul Alom and Saber Ali, are seeking bail in connection with STF P.S. Case No. 13/2023, registered under Sections 120(B)/418/420/468/121A of the Indian Penal Code. They have been in detention since September 14, 2023. The FIR alleges that the petitioners were involved in the business of areca nut using forged documents to show less income and pay less tax. It is also alleged that they engaged in hawala transactions through dubious bank accounts, potentially threatening national sovereignty by funding anti-national organizations. The petitioners claim to be engaged in export-import business with a valid export-import code and a business license for areca nuts, operating under M/s Haji Enterprise with GST registration in Assam and Meghalaya. They argue that the allegations under Section 121 IPC are baseless and that other offenses carry a maximum punishment of seven years, with a statutory detention period of 60 days.

Key Issues

1. Whether the petitioners are entitled to bail under Section 439 of the Code of Criminal Procedure, 1973, considering the progress of the investigation and the period of detention already undergone? The petitioners argued that the allegations, particularly under Section 121 of the Indian Penal Code, are without basis and false. They contended that the maximum punishment for the other offenses involved is seven years, with a statutory detention period of only 60 days, and that they have already undergone significant detention. They also highlighted their legitimate business activities, including GST registration and export-import codes. The State, represented by the Additional Public Prosecutor, submitted that the investigation is progressing, and the Investigating Officer needs to collect bank account details. They also noted that the statements of the accused have been recorded multiple times.