This order rejects a petition for pre-arrest bail under Section 438 CrPC. The court dismissed the plea relying on the contradictory nature of the petitioners' new explanation regarding possession of seized goods compared to their earlier denial.
Petition for pre-arrest bail dismissed on the same grounds as an earlier bail application.
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GAHC010201522021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3997/2021
JIYARUL ISLAM AND ANR S/O AJIBOR RAHMAN VILL- DHONTOLA, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM, PIN783372
2: JOHIRUL ISLAM @ JOHURUL ISLAM S/O MOJID ALI VILL- LINGDHOBA P.S. AND DIST. BONGAIGAON ASSAM PIN-78337 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
01.12.2021
By filing this petition under Section 438 of the CrPC, the petitioners, namely-
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(1) Jiyarul Islam and (2) Johirul Islam @ Johurul Islam have sought for pre-arrest bail in connection with Abhayapuri P.S. Case No.847/2021, registered under Section 379/411 IPC.
Heard both sides.
This time, the petitioners have come up with a new ground that the rice and petrol seized in connection with this case was purchased by them and kept it for selling the same to the needy person of the locality. Whereas, on an earlier occasion the accused petitioners had totally denied such possession of those things and also hoarding such seized articles in the rented premises where they were living.
On the basis of the statement of the landlords, the accused petitioners indulged in a similar activity in selling the articles from his rented premises, this court rejected the bail prayer on 15.11.2021. The plea taken by the petitioners in the instant petition itself is contradictory to their earlier petition.
On a totality of the facts of the case where affirming the ground of rejection of the earlier bail, this petition is also rejected on the same ground.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioners' new ground for pre-arrest bail, which contradicts their earlier denial, justifies granting bail.
2 provisions across 2 enactments
JIYARUL ISLAM AND ANR
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
