Petition for anticipatory bail under Section 438 CrPC dismissed without merits; petitioners directed to appear as absconders under suspended bailable warrant.
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GAHC010267492018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3758/2018
1:ASCHIA KHANOM @ ASHIYA BEGUM AND 2 ORS. W/O. ABDUR RAHIM, VILL. USHNABAJ, P.S. BADARPUR, DIST. KARIMGANJ, ASSAM-788701.
2: ABDUR RAHMAN S/O. ABDUR RAHIM VILL. USHNABAJ P.S. BADARPUR DIST. KARIMGANJ ASSAM-788701.
3: KHADIZA BEGUM D/O. ABDUR RAHIM VILL. USHNABAJ P.S. BADARPUR DIST. KARIMGANJ ASSAM-788701
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. A K TALUKDAR
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 03-12-2018
Heard Mr. AK Talukdar, learned counsel for the accused-petitioners as well as Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State of Assam.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1. Aschia Khanom @ Ashiya Begum, 2. Abdur Rahman and 3. Khadiza Begum, in connection with GR Case No. 2717/2016 pending in the court of the learned Sub-Divisional Judicial Magistrate (Sadar), Karimganj, under Sections 498A/325/506/313/354 of the IPC.
Perused the petition as well as the annexures furnished therewith.
In the said GR Case, bailable warrant of arrest of Rs. 10,000/- against each of the petitioners has been issued to compel their appearance in the court. As the names of the petitioners have been shown in the charge-sheet, as absconder, they will appear before the court on or before 14.12.2018, and till appearance, the execution of the bailable warrant of arrest shall remain suspended. They will be at liberty to file an appropriate application for bail, which, if filed, the learned court below will consider on its own merit taking into consideration all the relevant aspects of the matter.
With the above observations and directions, this petition stands disposed of.
JUDGE
Comparing Assistant
Aschia Khanom @ Ashiya Begum and others
State of Assam
Ajit Borthakur
As recorded by the court registry
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