Dismissed

Johir Uddin Sk @ Jahir Ali and 2 Ors. v. the State of Assam

Gauhati HC12 Feb 2018AB/2055/2017

Case brief

AI extract

What is this about?

The Gauhati High Court rejected a second pre-arrest bail application filed under Section 438 CrPC. The petitioners were accused in a case involving rioting and affray. The Court noted their absconding and evasion of arrest, finding it not a fit case for bail, and disposed of the application.

What did the court decide?

Bail application rejected; Case disposed of; Case diary ordered to be returned.

Johir Uddin Sk @ Jahir Ali and 2 Ors. Vs the… — Civil Procedure and Limitation | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010041042017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 2055/2017

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1:JOHIR UDDIN SK @ JAHIR ALI and 2 ORS. S/O LT AKBAR ALI

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2: JALAL UDDIN BEPARI@ JELAL BEPARI S/O LT AKBAR ALI

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3: NASHIR UDDIN @ NASIR SK S/O LT AKBAR ALI. ALL ARE R/O VILLMADHSHOULMARI PT II P.S GAURIPUR DIST DHUBRI ASSAM

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VERSUS

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1:THE STATE OF ASSAM

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Advocate for the Petitioner : MR.R A CHOUDHURY Advocate for the Respondent :

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BEFORE

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HON'BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER

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Date : 12-02-2018

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Heard Mr. R. A. Choudhury, learned counsel for the petitioners and Mr. M.P. Goswami, learned Addl. PP, Assam.

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By this application under Section 438 of the CrPC, the petitioners, namely, Johir Uddin Sk @ Jahir Ali, Jalal Uddin Bepari @ Jelal Bepari and Nashir Uddin @ Nasir Sk are seeking pre arrest bail in Gauripur P.S. Case No.629/2016 registered under Sections 147/148/189/120(B)/341/325/326/327/384 of the IPC corresponding to GR Case

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Page No.# 2/2

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NO.2631/2016.

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Petitioners herein earlier approached this court for their pre arrest bail in AB No. 2279/2016 in Gauripur P.S. Case No.629/2016 and on perusal of the case diary by its order dated 06.12.2016 such prayer of the petitioners were rejected.

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This is petitioners second pre arrest bail in the said Gauripur P.S. Case No.629/2016.

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Petitioners also submitted that even they have lodged an FIR with regard to the alleged incident on 01.07.2016 and the same was registered as Gauripur P.S. Case No.630/2016 corresponding to GR No.2632/2016 under Sections 147/148/148/448/323/326/381 of the IPC against the informant of Gauripur PS Case No.629/2016 and some others. Earlier this court earlier in the present proceeding called for the case diary pertaining to Gauripur P.S. Case No.630/2016 and on instructions, Mr. Goswami, learned Addl. PP submits that police after completion of investigation in said Gauripur PS Case No.630/2016 submitted charge sheet on 24.010.2016 vide charge sheet No.285.

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Mr. Gowami, learned Addl. PP have placed the up to date case diary pertaining to Gauripur P.S. Case No.629/2016.

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Case dairy reveals sufficient incriminating materials against the petitioners with regard to their involvement in the alleged crime and further the report of the I/O reveals that the petitioners are absconding and evading arrest after the occurrence of the incident.

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Considering the above, this court is of the view that it is not a fit case to grant pre arrest to the petitioners in said Gauripur PS Case No.629/2016 and accordingly the same is rejected.

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Bail application is disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Johir Uddin Sk @ Jahir Ali and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Johir Uddin Sk @ Jahir Ali and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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