The Gauhati High Court rejected a petition for anticipatory bail under Section 438 CrPC filed by three accused persons. The court held the case as involving serious complicity in a murder resulting from an assault, making it unfit for granting pre-arrest bail privileges.
Petition under Section 438 CrPC rejected; interim order vacated.
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GAHC010066542022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/950/2022
MAJMUN NEHAR AND 2 ORS W/O MD. ATABUR RAHMAN
R/O VILL- KALIADINGA, UNDER JURIA POLICE STATION, IN THE DISTRICT OF NAGAON, ASSAM
2: MD. HABIBUR RAHMAN S/O LATE ABDUL GAFUR R/O VILL- KALIADINGA UNDER JURIA POLICE STATION IN THE DISTRICT OF NAGAON ASSAM
3: MD. SAIFUDDIN
S/O MUHAMMAD ALI R/O VILL- KALIADINGA UNDER JURIA POLICE STATION IN THE DISTRICT OF NAGAON ASSA
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B M CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
19.05.2022.
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By filing this petition under Section 438 of the CrPC, the three petitioners namely, (1) Smti. Majmun Nehar, (2) Md. Habibur Rahman and (3) Md. Saifuddin, have sought for pre-arrest bail apprehending arrest, in connection with the Juria P.S. Case No.29/2022, registered u/s 447/326/342/302/34 of the IPC.
Heard Mr. B. M. Choudhury, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State/respondent and perused the case diary.
On perusal of the case diary, serious complicity of the petitioners along with the other FIR names accused is made out, who conjointly made assault to several persons of the informant’s family as a result of which, several persons sustained grievous/simple injuries on their persons, namely Ruhul Amin, Khudeja Khatun, Gulzar Hussain and Abdul Rouf and subsequently one of the injured i.e. Gulzar Hussain died due to the injuries sustained. The case is registered under Sections 302/34 of the IPC, along with other sections of law.
Considering the gravity of the offence and apparent complicity of the present petitioners, this Court is of the opinion that this is not a fit case to grant the privilege of Section 438 of the CrPC, to the present accused/petitioners and accordingly the present petition stands rejected.
The interim order passed earlier stands vacated.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether to grant pre-arrest bail safeguard to petitioners in a murder case involving serious complicity.
Whether the petition under Section 438 CrPC is a fit case for grant of anticipatory bail.
Whether the earlier interim order should be vacated.
2 provisions across 2 enactments
MAJMUN NEHAR AND 2 ORS
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
