The Gauhati High Court rejected a second pre-arrest bail application filed by six accused persons. Despite some conflicting evidence regarding the weapon used, the court denied bail as a fit case, noting previous rejection and the serious nature of the alleged assault causing grievous injury.
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GAHC010136752022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1941/2022
MUHIB UDDIN LASKAR AND 5 ORS. S/O LATE AZIR UDDIN LASKAR R/O VILL- RANGPUR PART-V, P.S. LALA DIST. HAILAKANDI, ASSAM
2: MINAJUR RAHMAN LASKAR @ MINHAJ UDDIN LASKAR S/O LATE AZIR UDDIN LASKAR R/O VILL- RANGPUR PART-V
P.S. LALA DIST. HAILAKANDI ASSAM
3: ANSAR UDDIN LASKAR S/O LATE AZIR UDDIN LASKAR R/O VILL- RANGPUR PART-V
P.S. LALA DIST. HAILAKANDI ASSAM
4: JASIM UDDIN LAKSAR @ ROMIZ UDDIN LASKAR S/O LATE AZIR UDDIN LASKAR R/O VILL- RANGPUR PART-V
P.S. LALA DIST. HAILAKANDI ASSAM
5: NASIR UDDIN LASKAR S/O LATE AHMED ALI LASKAR R/O VILL- RANGPUR PART-V
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P.S. LALA DIST. HAILAKANDI ASSAM
6: SADIK UDDIN LASKAR @ SADIK AHMED LASKAR S/O NASIR UDDIN LASKAR R/O VILL- RANGPUR PART-V
P.S. LALA DIST. HAILAKANDI ASSA VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. J LASKAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 13.09.2022
Heard Mr. J. Laskar, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned APP and Mr. I.H. Barbhuiya, learned counsel appearing for the informant.
Apprehending arrest in connection with Lala P.S. Case No. 19/2022 under sections 147/148/149/341/ 326/354B IPC, the petitioners have filed this application under section 438 Cr.P.C.
The learned APP has produced the case diary. The learned APP as well as the learned counsel for the informant have opposed the prayer for bail.
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The learned APP has submitted that there is no new ground for entertaining this second pre-arrest bail application. The previous application was rejected by this Court by order dated 19.04.2022 passed in AB 847/2022.
In the aforesaid context of maintainability, the learned counsel for the petitioners has submitted that the previous pre-arrest bail application was rejected on the ground that the informant and his wife were assaulted with sharp weapon, which resulted in grievous injuries whereas his instruction is to the effect that no sharp weapon was used by the accused persons. It is submitted that the petitioner nos.1 and 2 are govt. servant, the petitioner no.4 is a student of B.Sc. course and the petitioner no.5 is a senior citizen.
On perusal of the case diary, it appears that the victim and the witnesses have implicated the petitioners of forming a group and assaulting the informant and his wife. The medical report dated 31.01.2022 indicates that the victim was assaulted with blunt weapon and she had received grievous injury, which includes a lacerated wound over head and linear fracture of left cranial bone of the head with soft tissue swelling. Therefore, except for the nature of weapon used, injury suffered by the victim was grievous in nature. However, in the FIR and the witnesses examined so far implicates the petitioners of using sharp weapon to cause injury.
In view of the above, as the petitioners are seen to have formed a group and had assaulted a lady, who has suffered grievous injury, notwithstanding that the petitioner nos.1 and 2 are Govt. servant and the petitioner no.4 is a student and petitioner no.5 is a senior citizen, the Court does not find this to be a fit case for grant of pre-arrest bail to the petitioners, namely, (1) Muhib Uddin
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Laskar, (2) Minajur Rahman Laskar @ Minhaj Uddin Laskar, (3) Ansar Uddin Laskar, (4) Jasim Uddin Laskar @ Romiz Uddin Laskar, (5) Nasir Uddin Laskar, and (6) Sadik Uddin Laskar @ Sadik Ahmed Laskar.
Accordingly, the prayer for their pre-arrest bail is rejected for the second
time.
Case diary is returned.
Application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail in a case involving grievous injury to a lady.
Whether new grounds exist for entertaining a second pre-arrest bail application after its prior rejection.
1 provisions across 1 enactments
Muhib Uddin Laskar and 5 ors.
The State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
