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SHAHIN SULTANA PARBIN AND 2 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 2020-12-08. SHAHIN SULTANA PARBIN AND 2 ORS v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.

Judgment text

Page No. # 1/2 GAHC010149092020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3191/2020 SHAHIN SULTANA PARBIN AND 2 ORS W/O AZIBAR RAHMAN D/O ABDUS SALAM R/O VILL-TAKIMARI P. S. -LAKHIPUR DIST-GOALPARA ASSAM 2: ABDUS SALAM S/O HAJI NISHAN ALI R/O VILL-TAKIMARI P. S. -LAKHIPUR DIST-GOALPARA ASSAM 3: SHOHIJUDDIN AHMED S/O ABDUL HAMID R/O VILL-PUB-KATHURI P. S. -LAKHIPUR DIST-GOALPARA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. A M KHAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM: Advocate appearing for respectively. Page No. # 2/2 B E F O R E HON’BLE MR. JUSTICE HITESH KUMAR SARMA 08-12-2020 This is an application, filed under Section 438 of the Cr. PC. seeking pre-arrest bail of the accused-petitioners, namely, 1) Shahin Sultana Parbin, 2) Abdus Salam, and 3) Shohijuddin Ahmed, in connection with Jalukbari P. S. Case No.

1090/2020 registered under Sections 406/469 of the Indian Penal Code. Heard Mr. A. M. Khan, learned counsel for the petitioners. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam appearing for the Respondent State. Case diary produced has been perused. This appears to be a case where the petitioners are alleged to have forcibly obtained signature from the informant and, subsequently, converted such signed papers to a marriage deed. Considering the nature of the offence alleged and in view of the observations made in the connected A. B. No. 3173/2020, this Court is of the view that custodial interrogation of the petitioner is not necessary and, therefore, interim protection granted to them vide order dated 12. 11. 2020 is made absolute by this Court on the same terms and conditions. The anticipatory bail application, accordingly, stands disposed of. Return the case diary. JUDGE Comparing Assistant

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