Disposed

Najrul Islam and 3 Ors. v. the State of Assam

Gauhati HC18 Aug 2022AB/1713/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an application for pre-arrest bail. The court noted that two petitioners are included in the charge sheet while two others are not, directing the latter to seek regular bail at the trial court stage.

What did the court decide?

Application closed; liberty granted to petitioners in charge sheet to approach trial court for regular bail; others directed to do so.

Najrul Islam and 3 Ors. Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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GAHC010121982022

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

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Case No. : AB/1713/2022

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NAJRUL ISLAM AND 3 ORS

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S/O JUMAR ALI, R/O BALAPARA, P.O.-BALAPARA, P.S.-JOGIGHOPA, DISTBONGAIGAON, ASSAM

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2: MAJINUR ALI @ MAJINUR ISLAM S/O JUMAR ALI R/O BALAPARA P.O.-BALAPARA P.S.-JOGIGHOPA DIST-BONGAIGAON ASSAM

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3: NUR HUSSAIN @ NUR HUCHEIN SHEIKH S/O SAIBALI SHEKH VILL-KHELUWAPARA PART IV P.S.-JOGIGHOPA DIST-BONGAIGAON ASSAM

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4: CHAIFUL ALI @ SAIFUL ISLAM @ SAIFUL ISLAM S/O JUMAR ALI R/O BALAPARA P.O.-BALAPARA P.S.-JOGIGHOPA DIST-BONGAIGAON ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MRS. B GOGOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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18.08.2022

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Heard Ms. A. Baruah, learned counsel for the petitioners and Mr. K.K. Parasar, learned Additional Public Prosecutor for the respondent State of Assam.

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By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioners viz. 1) Najrul Islam, 2) Majinur Ali @ Majinur Islam, 3) Nur Hussain @ Nur Huchein Sheikh, and 4) Chaiful Ali @ Saiful Islam @ Saiful Islam have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Jogighopa Police Station Case no. 513/2019 registered under Sections 326/34, Indian Penal Code [IPC] after rejection of the earlier bail application, AB 493/2020 by an order dated 21.04.2020 passed after perusal of the materials in the case diary, produced by the learned Additional Public Prosecutor on that date.

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It is submitted by Mr. Parasar, learned Additional Public Prosecutor, on instruction, that after completion of investigation in connection with Jogighopa Police Station Case no. 513/2019, the Investigating Officer [I.O.] of the case has already submitted a charge sheet vide Charge Sheet no. 182/2022 dated 30.06.2022 under Section 173[2], CrPC finding a prima facie case under Sections 326/34, Indian Penal Code [IPC]. It is further submitted by him that the charge sheet has been filed against two petitioners herein viz. Najrul Islam and Nur Hussain @ Nur Huchein Sheikh whereas the other two petitioners viz. Majinur Ali @ Majinur Islam and Chaiful Ali @ Saiful Islam @ Saiful Islam are not sent up for trial and as such, there is necessity to consider their prayer for bail.

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In view of the submission of the charge sheet in the case in the afore-stated manner, Ms. Baruah, learned counsel for the petitioners has submitted that the petitioners viz. Najrul Islam and Nur Hussain @ Nur Huchein Sheikh will approach the learned jurisdictional trial

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court seeking regular bail.

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In view of the said submission of Ms. Baruah, learned counsel for the petitioners, this application stands closed, granting the liberty to the petitioners viz. Najrul Islam and Nur Hussain @ Nur Huchein Sheikh to approach the learned jurisdictional trial court.

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In the event the petitioners viz. Najrul Islam and Nur Hussain @ Nur Huchein Sheikh approach the jurisdictional trial court by filling any application seeking regular bail, the jurisdictional trial court shall consider such application on its own merits and in accordance with law.

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JUDGE

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Comparing Assistant

Najrul Islam and 3 Ors. v. the State of Assam

Case brief

What is this about?

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Najrul Islam and 3 Ors. v. the State of Assam

Case brief

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