ABDUL JABBAR AND 4 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. ABDUL JABBAR AND 4 ORS. v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010261142019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3778/2019 ABDUL JABBAR AND 4 ORS. S/O HABIBUR RAHMAN, R/O DHING GAON, P. S. -JURIA, DIST-NAGAON, ASSAM, PIN-782124 2: NAJRUL ISLAM S/O ABDUL JABBAR R/O DHING GAON P. S. -JURIA DIST-NAGAON ASSAM PIN-782124 3: NUR JAMAL S/O ABDUL JABBAR R/O DHING GAON P. S. -JURIA DIST-NAGAON ASSAM PIN-782124 4: MOJAMMEL HOQUE S/O ABDUL JABBAR R/O DHING GAON P. S. -JURIA DIST-NAGAON ASSAM PIN-782124 5: SHWAHIDUL ISLAM S/O ABDUL JABBAR R/O DHING GAON P. S. -JURIA DIST-NAGAON ASSAM Page No. # 2/3 PIN-78212 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM B E F O R E HON’BLE MR. JUSTICE HITESH KUMAR SARMA 09-12-2020 This is an application, filed under Section 438 of the Cr. PC.
seeking pre-arrest bail of the accused-petitioners, namely, 1) Abdul Jabbar, 2) Najrul Islam, 3) Nur Jamal, 4) Mojammel Hoque, and 5) Shwahidul Islam, in connection with Juria P. S. Case No. 403/2019 registered under Sections 498(A)/326/307/34 of the Indian Penal Code. Heard Ms. T. Som, learned counsel for the petitioners. Also heard Mr. NJ Dutta, learned Additional Public Prosecutor, Assam, appearing for the State Respondent. Mr. Dutta, learned Additional Public Prosecutor submits that charge-sheet vide C. S. No. 313/2020 dated 25. 11. 2020 has already been laid by the investigating officer. Ms. Som, learned counsel for the petitioner has submitted that subsequently in the instant case, Section 302 of the IPC has been added. In view of such facts including, the fact of laying of charge-sheet, this Court is of the view that petitioners No. 2 to 4, who are already on interim bail vide order dated 14. 11.
2020, shall remain on interim protection for another 15 days from today and, within this period of 15 days, they shall approach the learned Court below with an appropriate application for bail, which the learned Court below shall consider on its own merit. So far petitioners No. 1 and 5 are concerned, in view of the fact that charge-sheet has been laid, inter alia, under Section 302 of the Indian Penal Code, their prayer for pre-arrest bail stands rejected. Page No. # 3/3 In the event petitioners No. 2 to 4 do not appear before the learned Court below within 15 days from today, the interim protection extended to them for next 15 days shall automatically stand vacated. With the above observations and direction, this bail application stands disposed of. JUDGE Comparing Assistant
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