This bail application petitioners, accused in a local police case involving a boundary dispute and mutual injuries, were granted bail of Rs. 20,000 each with one surety.
Bail of Rs. 20,000 with one surety of like amount granted.
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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GAHC010015342020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 259/2020
1:SORHAB ALI AND ANR.
S/O LATE MOHAMMAD ALI, R/O VILL-KHOPANI KUCHI, P.O.-KHOPANI KUCHI, P.S.-HAJO, DIST-KAMRUP(R), ASSAM
2: AJIBAR ALI S/O JABED ALI R/O VILL-KHOPANI KUCHI P.O.-KHOPANI KUCHI P.S.-HAJO DIST-KAMRUP(R) ASSA VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. V N UPADHYAY
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
10-02-2020.
By filing this petition under Section 439 of the CrPC, the two petitioners namely, Sorhab Ali and Ajibar Ali, who are in custody since 10.01.2020, have prayed for releasing them on bail in connection with
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Hajo P.S. Case No.48/2020, under Sections 120(B)/148/325/326/307 of the IPC.
Heard the learned counsel for the parties and perused the record and the case diary.
As it transpires, the matter relates to boundary dispute and cross FIRs have been filed by the parties against each other and in the incident both sides sustained injuries on their persons. However the matter does not depict the offence u/s.307 of the IPC, save and except some mutual mar-pit between the parties. That apart, the medical report reveals that no such grievous injuries were sustained by any of the injured, so far examined.
Considering all entirety of the matter and also the fact that the accused/persons are behind the bar since more than one month, each of the accused persons, named above, are allowed to go on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of the learned Judicial Magistrate 1st Class at Hajo, in connection with Hajo P.S. Case No.48/2020.
The bail petition stands disposed of.
Return the case diary forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to petitioners accused of conspiracy and attempting to commit murder in a boundary dispute case.
1 provisions across 1 enactments
Sorhab Ali
Ajibar 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
