Partly allowed

Mainuddin @ Md. Moimuddin and 2 Ors. v. the State of Assam

Gauhati HC17 Feb 2020Bail Appln./183/2020

Case brief

AI extract

What is this about?

Petitioners sought bail under Section 439 CrPC accused of fake currency recovery. Justice Phukan granted bail to petition No. 1 due to a severe family bereavement but rejected the prayer for petitioners No. 2 and 3 after examining the case diary.

What did the court decide?

Mainuddin @ Md. Moimuddin allowed bail on Rs. 20,000; bail prayers for Mafijul Islam and Sadiqul Islam rejected.

Mainuddin @ Md. Moimuddin and 2 Ors. Vs the State of… — Cheating and Forgery | Gauhati HC (2020)

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Page No.# 1/2

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GAHC010010622020

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

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Case No. : Bail Appln. 183/2020

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1:MAINUDDIN @ MD. MOIMUDDIN AND 2 ORS.

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S/O LATE HASEN ALI, R/O VILL-2 NO. ISLAMPUR, P.S.-BIHPURIA, DISTLAKHIMPUR, ASSAM, PIN-787054

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2: MAFIJUL ISLAM @ MD. HOHIJUL ISLAM @ MOHIDUL S/O GOHAR ALI R/O VILL-2 NO. ISLAMPUR P.S.-BIHPURIA DIST-LAKHIMPUR ASSAM PIN-787054

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3: SADIQUL ISLAM @ MD. SADIKUL ISLAM S/O MD. RAMJAN ALI R/O VILL-NO. 4 DHARMAPUR P.S.-LALUK DIST-LAKHIMPUR 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 : MS. S G BARUAH

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/2

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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17-02-2020

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By filing this petition under Section 439 of the CrPC, petitioners, namely, 1. Mainuddin @ Md. Moimuddin, 2. Mofijul Islam @ Md. Hohijul Islam @ Mohidul and 3. Sadiqul Islam @ Md. Sadikul Islam, who are in custody since 02.01.2020, has prayed for release them on bail in connection with North Lakhimpur P.S. Case No.12/2020, corresponding to GR Case No. 30/2020 under Sections 120(B)/420/489(B)/489(C) of IPC.

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Heard learned counsel for the parties.

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As per the FIR Rs.3 lakhs of fake currency (500 rupees and 2000 rupees bundle) were recovered from the possession of the accused persons carried in the vehicle (Alto car).

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An additional affidavit has been filed today on behalf of the accused petitioner No. 1 Mainuddin @ Md. Moimuddin to the effect that his only daughter sustained burn injury and now died in the hospital with such injured condition and on the ground the bail has been sought for.

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Upon hearing learned counsel for both the sides and on scrutiny of the case diary bail prayer of the petitioner Nos. 2. Mofijul Islam @ Md. Hohijul Islam @ Mohidul and 3. Sadiqul Islam @ Md. Sadikul Islam in the aforementioned case are hereby rejected. However the petitioner No. 1 Mainuddin @ Md. Moimuddin is hereby allowed to go on bail of Rs. 20,000/- to the satisfaction of learned CJM, Lakhimpur, North Lakhimpur on the sensitive ground that has been raised before this court.

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The bail petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Mainuddin @ Md. Moimuddin and 2 Ors. v. the State of Assam

Case brief

What is this about?

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Mainuddin @ Md. Moimuddin and 2 Ors. v. the State of Assam

Case brief

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