High Court held that interim pre-arrest bail granted to petitioners in a land dispute FIR should be made absolute, noting injuries were simple and caused by blunt weapons.
Interim pre-arrest bail made absolute; case diary returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010214452019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2967/2019
1:MOINUL HOQUE AND 5 ORS.
S/O LT. MEHBUB HOQUE, VILL. DORARGHAT, P.S. GAURIPUR, DIST. DHUBRI, ASSAM
2: ZAKIR HUSSAIN S/O ABDUL SUKUR MIYA VILL. BALAJAN PART -I P.S. GAURIPUR DIST. DHUBRI ASSAM
3: SHARUK HOQUE S/O MEHBUB HOQUE VILL. DORAGHAT P.S. GAURIPUR DIST. DHUBRI ASSAM
4: SOHIDUR RAHMAN @ SOHIDUR HOQUE S/O HAZARAT ALI VILL. DORARGHT P.S. GAURIPUR DIST. DHUBRI ASSAM
5: TAGARU SEIKH S/O BASIRUDDIN MONKAL VILL. BALAJAN PART-I P.S. GAURIPUR
Page No.# 2/3
DIST. DHUBRI ASSAM
6: MAFIZUL HOQUE S/O AMJAD ALI VILL. BALAJAN PART-II P.S. GAURIPUR DIST. DHUBRI ASSA VERSUS 1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR J I BARBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
09-12-2019.
This is an application, filed under Section 438 of the Cr.PC, seeking pre-arrest bail of the accused/petitioners, namely, Moinul Hoque, Zakir Hussain, Sharuk Hoque, SohidurRahman @ Sohidur Hoque, Tagaru Seikh and Mafizul Hoque, in connection with Gouripur PS Case No.804/2019 registered under Sections 341/325/326/307/354/384/506/34 of the IPC.
Heard both sides and perused the case diary.
There are several rounds of litigations between the parties with regards to certain plot of land. The medical report of the injured indicates that the injuries sustained are simple in nature and caused by blunt weapons. That apart, no such serious complicity is made out towards the other allegations in the FIR.
Taking note of all above, the interim pre-arrest bail, so granted earlier is hereby made absolute.
Page No.# 3/3
The pre-arrest bail petition stands disposed of. Return back the case diary forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to confirm the interim pre-arrest bail grant in a case involving IPC Sections 341, 325, 326, 307, 354, 384, 506, and 34.
1 provisions across 1 enactments
Moinul Hoque and 5 ors. (Moinul Hoque, Zakir Hussain, Sharuk Hoque, Sohidur Rahman, Tagaru Seikh, Mafizul Hoque)
The State of Assam Rep. by the PP, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
