MAIDUL ISLAM KHAN AND 6 ORS. v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-09. MAIDUL ISLAM KHAN AND 6 ORS. v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010157152020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3138/2020 MAIDUL ISLAM KHAN AND 6 ORS. S/O- LT. NURUL AMIN KHAN, R/O- VILL- KHANDAPUKHURI, P. O. AND P. S. MIKIRBHETA, DIST. - MORIGAON, ASSAM 2: SAHID ULLAH S/O- LT. HAREJ ALI R/O- VILL- KHANDAPUKHURI P. O. AND P. S. MIKIRBHETA DIST. - MORIGAON ASSAM 3: AMIR UDDIN AHMED S/O- LT. NURUDDIN AHMED R/O- VILL- KOLMOUBARI P. O. SUKDOL SARUBORI P. S. MIKIRBHETA DIST. - MORIGAON ASSAM 4: ARIB UDDIN AHMED S/O- LT. MUCHA SEKH R/O- VILL- KOLMOUBARI P. O. SUKDOL SARUBORI P. S. MIKIRBHETA DIST. - MORIGAON ASSAM 5: TULARAM SAIKIA S/O- LT. UPEN SAIKIA R/O- VILL- KOLMOUBARI P. O. SUKDOL SARUBORI P. S. MIKIRBHETA DIST. - MORIGAON ASSAM Page No. # 2/3 6: JAGAT SAIKIA S/O- LT. BADAK SAIKIA R/O- VILL- KOLMOUBARI P. O. SUKDOL SARUBORI P. S. MIKIRBHETA DIST. - MORIGAON ASSAM 7: BUBUL ALI S/O- LT. JAINAL ABEDIN R/O- VILL- KOLMOUBARI P. O. SUKDOL SARUBORI P. S. MIKIRBHETA DIST.
- MORIGAON ASSA VERSUS THE STATE OF ASSAM REP. BY P. P. , ASSAM Advocate for the Petitioner : MR. J M A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA ORDER 09-12-2019 This is an application made under Section 438 Cr. P. C. , seeking pre-arrest bail by the petitioners, namely, 1. Maidul Islam Khan, 2. Sahid Ullah, 3. Amir Uddin Ahmed, 4. Arib Uddin Ahmed, 5. Sri Tularam Saikia, 6. Jagat Saikia and 7. Bubul Ali, have prayed for pre-arrest bail, apprehending arrest in connection with Mikirbheta Police Station Case No. 452 of 2020, registered under Sections 120(B)/341/294/353/427 of the IPC. I have perused the petition including the copy of the FIR and the documents annexed therewith. The case diary produced has also been perused. Page No. # 3/3 Heard Mr. J. M. A. Choudhury, learned counsel for the petitioners as well as Mr. M. P. Goswami, learned Additional Public Prosecutor, appearing for the State of Assam.
It appears from the statement of the victim MLA that some persons abused him and wanted to deter him in his public duty. However, he has not alleged, in his statement, that he was assaulted or criminal force was applied to deter him in his public duty. Such being the position, in the considered view of this case, custodial interrogation of the petitioner is not necessary. Mr. Goswami, learned Additional Public Prosecutor has submitted that except petitioner Nos. 2 and 3, none of the other petitioners has appeared before the Investigating Police Officer in accordance with the order, dated 03-11-2020. The petitioners have appeared before the Investigating Police Officer in accordance with the order, dated 03-11-2020 granting interim pre-arrest bail to them. Their statements have already been recorded and they have not misused the liberty granted to them.
Accordingly, the interim pre-arrest bail granted to the petitioners, vide order dated 03-11-2020, is made absolute by this order on the same terms and conditions. However, the petitioners, except the petitioner Nos. 2 and 3, shall appear before the Investigating Police Officer within seven days from today, if not appeared already and in the event they have not appeared and they do not comply with this order, the State shall be at liberty to approach this Court seeking cancellation of the bail of petitioners. The anticipatory bail application stands disposed of accordingly. Return the case diary. JUDGE Comparing Assistant
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