Allowed

Giasuddin Ahmed @ Gayasuddin and 3 Ors. v. the State of Assam

Gauhati HC12 May 2022AB/1015/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to four accused persons under Section 438 CrPC for a murder case. The court observed that the victim's statement implicated different individuals and found no sufficiency for custodial interrogation of the petitioners.

What did the court decide?

Petitioners allowed pre-arrest bail of Rs. 10,000 each with one surety of like amount; directed to appear before I.O. within fifteen days; case diary to be returned.

Giasuddin Ahmed @ Gayasuddin and 3 Ors. Vs the… — Murder and Culpable Homicide | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010070442022

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

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Case No. : AB/1015/2022

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GIASUDDIN AHMED @ GAYASUDDIN AND 3 ORS S/O- LT. TUJAMMAL, R/O- BANGALIPARA, MOUJA- JONIA, P.S. AND DIST. BARPETA.

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2: MAJED ALI S/O- LT. SAMAD UDDIN R/O- KAWOIMARI (HAWLI) P.S. HAWLI DIST. BARPETA.

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3: BULBULI @ BULBULWAYA KHANAM W/O- GIYASUDDIN R/O- BANGALIPARA MOUJA- JONIA P.S. AND DIST. BARPETA.

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4: HAMIDA KHATUN @ HAMIDA W/O- NURUL ISLAM R/O- BANGALIPARA MOUJA- JONIA P.S. AND DIST. BARPETA

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VERSUS

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THE STATE OF ASSAM REP. BY PP, ASSAM.

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Advocate for the Petitioner : MS. T SOM

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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Page No.# 2/2

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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12.05.2022.

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By filing this petition under Section 438 of the CrPC, the four petitioners namely Giasuddin Ahmed @ Gayasuddin, Majed Ali, Bulbuli @ Bulbulwaya Khanam and Hamida Khatun @ Hamida have sought for pre-arrest bail in connection with the Barpeta P.S. Case No.14/2022, under Sections 143/147/326/380/302 of the IPC.

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Heard learned counsel for both sides and perused the record and the case diary.

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Prior to his death, the victim gave the statement that it was only three accused persons who made the assault, namely, Nurul Islam and his wife Aimana Begum and one Amzad Ali and subsequently the victim died.

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Save and except the fact that the present petitioners happened to be present at the place of occurrence, their complicity is not suggested. That being so, this Court is of the opinion that custodial interrogation of the accused/petitioners is not warranted.

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Accordingly the petitioners named above are allowed to go on pre-arrest bail of Rs.10,000/each, with one surety of like amount, in the event of their arrest by the arresting officer in connection with the Barpeta P.S. Case No.14/2022, with further direction to the petitioners to appear before the I.O., within fifteen days from today and they will cooperate with investigation of the case.

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The bail petition stands disposed of.

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Return back the case diary forthwith.

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JUDGE

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Comparing Assistant

Giasuddin Ahmed @ Gayasuddin and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Giasuddin Ahmed @ Gayasuddin and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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