Why Two Accused Stepped Back as Court Reserved Order in Zubeen Garg Case?

Hearings on the bail applications of three accused in the Zubeen Garg murder case have been concluded, with the court reserving its order for January 30. A major development for today is that two accused in this case, namely Shyamkanu Mahanta and Sandipan Garg, have withdrawn their bail applications.

As per reports, the case was also marked by some strong legal arguments that took place during the hearing of the bail applications that are still pending, especially with regards to the accused Amritprabha Mahanta. 

The case was heard at the District and Sessions Judge Court, Kamrup (M). The court witnessed a robust exchange of arguments between the prosecution and defence lawyers and the latter emphatically stating that there is no direct evidence of murder against Amritprabha Mahanta. On this basis, the defence argued that there is no substantive proof of the accusations and therefore petitioned for bail.

The prosecution, however, flatly rejected the claims made by the defence, insisting that the murder was carried out in a cold-blooded, calculated, and carefully planned manner. The government argued that the act was diabolically plotted and cruelly carried out because it resulted in the death of an innocent victim who provoked or contributed nothing to the act.

In support of opposing bail, Public Prosecutor Ziaul Kamal, an senior Advocate, placed reliance on the following six important aspects before the court:

•    The murder was cold-blooded
•    It was calculated and pre-planned
•    The crime was diabolically conceived and cruelly executed
•    The victim was innocent and unprovoking
•    There exists a chance of repetition of the crime
•    The offence was committed in a professional manner

The prosecution further added that circumstantial evidence is sufficient for proving the crime at the prima facie stage and that prima facie evidence is sufficient to refuse the accused bail. They also emphasized that it is important to look into witness protection as well as the legal ramifications involved before passing an order for bail.

Zubeen Garg’s wife, Garima Saikia Garg, and his sister, Palmee Borthakur, were present in court during the hearing. Both expressed confidence in the prosecution’s arguments and stated that the family remains hopeful of securing justice.

Meanwhile, the court noted that Shyamkanu Mahanta withdrew his bail application, citing sudden personal and legal reasons, as recorded in the court order. In contrast, no specific reason was cited by Sandipan Garg, with his counsel stating that the withdrawal was made as per the accused’s instructions. The court will now pronounce its order on the remaining bail applications on January 30. The withdrawal of bail pleas by two accused stands out as the biggest development of the day in the closely watched case.

On a different note, following the court case, Zubeen Garg’s wife Garima posted a moving note on Facebook, as this family continues fighting for justice.

She wrote, “Every day that passes remains an uncertain one since there are pending cases against Zubeen Garg. The family, and indeed the whole state of Assam, are waiting to discover what actually happened to him and placing their hopes in the judicial system one day to give justice to them.”

Referring to the situation as unbelievable but an absolute fact, she further added,

“The family is going through days and nights filled with unanswerable questions. Hopefully, the truth of the events leading up to the death of Zubeen Garg will soon come out in the open, and the culprits will have to pay for it.”

She also informed that bail pleas of all five arrested persons were moved by January 17. As per her update, bail hearings of other three arrested persons - Amritprabha Mahanta, Paresh Baishya, and Nandeshwar Bora - were held today, and decisions are yet to be received by January 30.

Extending her appeal to all, she added that it’s not just a demand from the family members, but also a voice that resonates from the people of Assam as well as the fans of Zubeen Garg from all around the world that no accused should be granted bail till the judicial process is over.

She also emphasized that there was a need for a fast-track court to fast-track the trial, since justice must be sought instantly in such a serious issue.

She ended the post by adding a hashtag #JusticeForZubeenGarg.

Also Read: Five Bail Applications Being Heard in Zubeen Garg Murder Case