The Gauhati High Court granted regular bail to the petitioner under Section 439 CrPC in a murder case pending against him. The court observed that the post-mortem report indicated suicide due to ante-mortem hanging and acquiesced the petitioner's release.
Bail allowed with one surety bond of Rs. 20,000 each.
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.
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GAHC010148212020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2244/2020
FOKORUDDIN ALI @ FOKOR ALI S/O. LT. NOBO ALI @ SEKH, VILL. NO.1 MALIBARI PATHAR, P.S. BOKO, DIST. KAMRUP, ASSAM.
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. N UDDIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
18.11.2020
By this application under Section 439 CrPC, petitioner, namely, Fokoruddin Ali @ Fokor Ali, who was arrested on 07.10.2020, has prayed for granting him regular bail, in connection with Boko PS Case No. 1089/2020, under Sections 498 (A)/302/34 IPC.
Heard the learned counsel for both the sides.
Also perused the record and the Case Diary.
The deceased is the wife of the petitioner and their marriage was consummated since 20 years back. They have children out of their wedlock. On 05.10.2020, she was found dead inside the house.
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The brother of the informant suspecting it to be a case of murder, lodged the FIR.
Today, the Case Diary has been received, which, however, does not reflect the complicity of the petitioner as alleged. PM Report reflects that it was a case of suicidal hanging and the cause of death was asphyxia (ante-mortem hanging).
Considering all entirety of the matter, it transpires that further detention of the petitioner is not required. Accordingly, the accused petitioner, aforesaid, is hereby allowed to go on bail of Rs. 20,000.00, with one surety of the like amount, to the satisfaction of learned JMFC, Boko.
Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner should be granted regular bail in a murder case involving his deceased wife.
Whether further detention of the petitioner is required after the PM Report indicates suicidal hanging.
1 provisions across 1 enactments
FOKORUDDIN ALI @ FOKOR ALI
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
