The Gauhati High Court rejected a second application for pre-arrest bail under Section 438 CrPC, holding that no change in fact situation or law existed to warrant reconsideration of the earlier order which found sufficient materials implicating the petitioners.
Prayer for pre-arrest bail under Section 438 CrPC rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010090992023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1580/2023
SAMSUL HAQUE AND ANR. S/O LATE MUBASIL ALI R/O VILL- GULALKANDI P.S. RATABARI DIST. KARIMGANJ, ASSAM
2: ASHRAFUL HAQUE S/O LATE BADRUL HAQUE R/O VILL- GULALKANDI P.S. RATABARI DIST.KARIMGANJ ASSA
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. L R MAZUMDER
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 15-05-2023
Heard Mr. L.R. Mazumder, learned counsel for the petitioners and Mr. A.K.
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Das, learned Additional Public Prosecutor for the respondent State of Assam.
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submitted that these two petitioners have no nexus with the other accused persons.
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JUDGE
Comparing Assistant
2 issues framed by the court
Whether there is a change in fact or law to justify reconsideration of a rejected pre-arrest bail application filed for the second time.
Whether the materials in the case diary belie the petitioners' submission of absence from the place of occurrence.
2 provisions across 2 enactments
SAMSUL HAQUE
ASHRAFUL HAQUE
STATE OF ASSAM
MANISH CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
