Single Judge order rejecting bail application filed under Section 439 CrPC. The court held that the materials showed the accused seriously injured a doctor and staff, making it unfit for bail.
Prayer for bail stands rejected.
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GAHC010000042019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1/2019
1:JAKIR HUSSAIN S/O LT. CHAN MIAH, PO BARBALA, PS-HOWLY, DIST. BARPETA, ASSAM, PIN 781316
VERSUS
1:THE STATE OF ASSAM REP. BY PP,ASSAM
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 04-01-2019
Heard Mr. MU Mondal, learned counsel for the accused-petitioner as well as Mr. TK Mishra, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Jakir Hussain, in connection with Howly P.S. Case No. 562/2018 registered under Sections 147/148/149/448/294/325/326/307/353/332/395/427 of the IPC read with Section 3 of the Prevention of Damage of Public Property Act.
Perused the petition as well as the annexures furnished therewith. Also perused
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the case diary produced before this court.
In view of the materials available in the case diary against the accused-petitioner to the effect that that he has assaulted a Doctor and some staffs of the Howly CHC, while on duty, seriously injuring them. That being so, this is not a fit case for granting bail to the accused-petitioner. Accordingly, the prayer for bail stands rejected at this stage.
The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted in a case involving assault on medical staff resulting in serious injury.
Whether the materials in the case diary make this a fit case for bail.
1 provisions across 1 enactments
Jakir Hussain
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
