Two petitions for pre-arrest bail under Section 438 CrPC were dismissed. The court found the petitioners complicit in obstructing police officers during a murder case investigation and assaulting them.
Petitions for pre-arrest bail dismissed; case diary ordered to be returned.
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GAHC010043772022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/732/2022
MORZINA AHMED @ MARZINA KHATUN W/O- NOOR ISLAM, D/O- ABDUL KASHEM CHOUDHURY, R/O- VILL.SUNDARPARA PART-IV, P.O. AIRKATA, P.S. FAKIRGANJ, DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
Linked Case : AB/1309/2022
MIZANUR RAHMAN AND ANR S/O ABDUL KASHEM CHOUDHURY R/O VILL-SUNDARPARA PART-IV P.O.-AIRKATA P.S.-FAKIRGANJ DIST-DHUBRI ASSAM
2: MEER CHOUDHURY @ GALAM OUSMANI CHOUDHURY S/O ABDUL KASHEM CHOUDHURY R/O VILL-SUNDARPARA PART-IV P.O.-AIRKATA P.S.-FAKIRGANJ DIST-DHUBRI ASSAM VERSUS
THE STATE OF ASSAM
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REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM
-----------Advocate for : MR. N J DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
19.05.2022.
Both the petitions are taken up together as these are related to the same incident.
By filing these second bail petitions under Section 438 of the CrPC, the petitioners namely : Smti Morzina Ahmed @ Marzina Khatun (petitioner in A.B. No.732/2022) and Mizanur Rahman and Meer Choudhury @ Golam Ousmani Choudhury have sought for pre-arrest bail in connection with the Fakirganj P.S. Case No.156/2017, registered under Sections 341/325/353/34 IPC.
On the earlier occasion, this Court had gone through the case diary and finding sufficient complicity of the present two petitioners, who not only obstructed the police personnel from discharging their duties, whereby they tried to take away the accused of a murder case, also assaulted the police personnel.
The case diary suggested the complicity of each of the petitioners with the offence alleged. Disturbing the police officials in discharging their duties in the manner that has been depicted in the case diary is not a good signal for the society.
Considering all entirety of the matter, the present petitions are disposed of with the observation that this is not fit case to grant them the privilege of pre-arrest bail and the same are accordingly dismissed.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted under Section 438 CrPC when petitioners obstructed police duties and assaulted personnel in a connected murder case.
Whether the case diary indicates sufficient complicity of the petitioners with the offences alleged.
2 provisions across 2 enactments
Morzina Ahmed @ Marzina Khatoon
Mizanur Rahman
Meer Choudhury @ Golam Ousmani Choudhury
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
