Allowed

MD Saiful Islam and Anr. v. the State of Assam

Gauhati HC5 Feb 2020AB/446/2020

Case brief

AI extract

What is this about?

The Gauhati High Court granted anticipatory bail to petitioners facing arrest in a criminal case. The court directed their appearance before the trial court within 15 days for regular bail, stayed the execution of the arrest warrant, and fixed a bail bond amount.

What did the court decide?

Petitioners released on pre-arrest bail by furnishing bond of Rs.10,000/- each with one surety; execution of warrant of arrest stayed; appearance before trial court required within 15 days.

MD Saiful Islam and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2020)

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Page No.# 1/2

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GAHC010024352020

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THE GAUHATI HIGH COURT

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

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Case No. : AB 446/2020

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1:MD SAIFUL ISLAM AND ANR.

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S/O MD ABDUL KADER, R/O VILL-KABAIMARI, MOUZA-RANGAGORA, P.S.-KALIABOR, DIST-NAGAON, ASSAM

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2: MUSTT NSSIMA KHATUN W/O MD. SAIFUL ISLAM R/O VILL-KABAIMARI MOUZA-RANGAGORA P.S.-KALIABOR DIST-NAGAON ASSA

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VERSUS

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1:THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 05-02-2020

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By filing this petition, under Section 438 of the CrPC, petitioners, namely, 1) Md. Saiful Islam and 2) Mustt. Nasima Khatun, have sought for pre-arrest bail in the event of arrest in connection with C.R. Case No. 23/2017 u/s 354/352/341/342/294/506/323/34 IPC.

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Heard Mr. B. Chowdhury, learned counsel for the petitioners and Mr. NJ Dutta, learned Addl. P.P. for the State.

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Perused the case records, FIR and documents annexed.

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Page No.# 2/2

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Learned counsel for the petitioner has submitted that no process was ever served in connection with the aforesaid case upon them as they were residing in Kerala whereas in the complaint case earlier address was given for which they were also not aware about the proceeding of the case. Now, they came to know that the court has issued P&A against them and on the basis of the report that they are not found in the given address, the court has proceeded for the trial of the case. They apprehend arrest in terms of issuance of warrant of arrest and sought for interim protection with an undertaking that they will appear before the court regularly.

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Heard submission of learned counsel for both the parties and perused the relevant document annexed.

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It reflects that the petitioners were not defaulter in the aforesaid case but finding that they are not in the address, trial court issued P&A and now proceeded with trial pending the warrant of arrest against them.

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Having regard to the submission so made and also the documents annexed, the application stands disposed of with a direction to the petitioners to appear before the trial court within 15 days from today along with prayer for regular bail and the learned trial court will consider the same in accordance with law.

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During these 15 days, the execution of warrant of arrest is hereby stayed.

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The petitioners, named above, shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- each, with one surety of like amount each, in the event of arrest in connection with the aforesaid case to the satisfaction of the arresting authority.

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The petition stands disposed of.

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JUDGE

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Milansinha

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Comparing Assistant

MD Saiful Islam and Anr. v. the State of Assam

Case brief

What is this about?

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MD Saiful Islam and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

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