Disposed

Amir Hamja and 8 Ors. v. the State of Assam

Gauhati HC15 Feb 2023Bail Appln./406/2023

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of two bail applications after the Public Prosecutor submitted that charge-sheets were filed. The Court closed the applications, granting liberty to approach the trial court for regular bail and noting issues regarding delay in charge-sheet filing.

What did the court decide?

Bail applications closed; liberty granted to petitioners to approach the trial court for regular bail and to agitate issues of charge-sheet delay there.

Amir Hamja and 8 Ors. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2023)

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GAHC010021162023

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

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Case No. : Bail Appln./406/2023

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AMIR HAMJA AND 8 ORS. S/O ABDUL SALAM MONDAL, VILL.- MAKRAM BILL, P.S.- GOSAIGAON, DIST.- KOKRAJHAR, ASSAM.

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2: MUNNAF ALI S/O ABDUL KUDDUS ALI VILL.- MAKRAM BILL P.S.- GOSAIGAON DIST.- KOKRAJHAR ASSAM.

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3: NURUL ISLAM S/O LT. RIYASUDDIN VILL.- MAKRAM BILL P.S.- GOSAIGAON DIST.- KOKRAJHAR ASSAM.

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4: MUKBUL HUSSAIN S/O ABDUL BATEN VILL.- MAKRAM BILL P.S.- GOSAIGAON DIST.- KOKRAJHAR ASSAM.

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5: AJAHAR ALI S/O ABDUL SALAM MONDAL VILL.- MAKRAM BILL P.S.- GOSAIGAON DIST.- KOKRAJHAR ASSAM.

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6: JAMIRUL HUSSAIN S/O MOKBUL ALI VILL.- MAKRAM BILL P.S.- GOSAIGAON DIST.- KOKRAJHAR ASSAM. 7: MANIK ALI S/O USUB ALI VILL.- BILASHIPARA P.S.- BILASHIPARA DIST.- DHUBRI ASSAM. 8: NIJAMUDDIN S/O ISMAIL HUSSAIN VILL.- BILASHIPARA P.S.- BILASHIPARA DIST.- DHUBRI ASSAM. 9: MAJIBUR ALI S/O LT. ABDUL KADER ALI VILL.- 1 NO. TASPUR BHUMKA P.S.- GOSAIGAON DIST.- KOKRAJHAR ASSAM VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM.

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Advocate for the Petitioner : MR. B CHOWDHURY

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Advocate for the Respondent : PP, ASSAM

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Linked Case : Bail Appln./492/2023

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ABDUL RAKHIB ALI @ ABDUL RAKHIP HOQUE AND ANR S/O- JAHIRUL HOQUE VILL.- YAMUNATARI P.O. KARTIMARI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR, ASSAM

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2: ABDUL REJAK @ ABDUL REZZAK S/O- BELLAL SHEIKH @ BILLAL ALI VILL.- TENGNARBHITA P.O. TULSIBILL P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM

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Advocate for : MR. M ALI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 15-02-2023

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Heard Mr. B. Chowdhury, learned counsel for the accused-petitioners in B.A. no. 406/2023 and Mr. M. Ali, learned counsel for the accused-petitioners in B.A. no. 492/2023. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the respondent State of Assam.

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By the two applications under Section 439, Code of Criminal Procedure, 1973, the accused-petitioners viz. [1] Amir Hamja, [2] Munnaf Ali, [3] Nurul Islam, [4] Mukbul Hussain, [5] Ajahar Ali, [6] Jamirul Hussain, [7] Manik Ali, [8] Nijamuddin and [9] Majibur Ali in B.A. no. 406/2023 and the accused-petitioners viz. [1] Abdul Rakhib Ali @ Abdul Rakhip Hoque and [2] Abdul Rejak @ Abdul Rezzak in B.A. 492/2023 have prayed for their release on bail in connection with Fatasil Ambari Police Station Case no. 247/2022 [corresponding G.R. Case no. 9240/2022], registered for offences under Sections 302/34, Indian Penal Code [IPC].

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Today, Mr. Parasar, learned Additional Public Prosecutor has submitted, on instruction, that the Investigating Officer [I.O.] after completion of investigation of the case in connection

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with Fatasil Ambari Police Station Case no. 247/2022 has already submitted a charge-sheet under Section 173[2], CrPC vide Charge-Sheet no. 09[A]/2023 dated 10.02.2023. Mr. Parasar has further submitted, on the basis of telephonic instructions, that all the afore-mentioned accused-petitioners have been charge-sheeted.

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In view of submission of the charge-sheet in Fatasil Ambari Police Station Case no. 247/2022, Mr. Chowdhury and Mr. Ali, learned counsel for the petitioners have submitted that the petitioners will approach the learned jurisdictional magistrate and/or jurisdictional trial court seeking regular bail.

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In view of the above submission of Mr. Chowdhury and Mr. Ali, the two applications stand closed, granting liberty to the petitioners to approach the learned jurisdictional magistrate and/or the jurisdictional trial court.

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At this stage, Mr. Chowdhury and Mr. Ali, learned counsel for the accused-petitioners in the two applications have submitted that the matter of submission of a charge-sheet within the period prescribed under Section 167[2], CrPC is relatable to the date on which the same is placed before the jurisdictional magistrate. The accused-petitioners are at liberty to agitate the issue before the learned jurisdictional magistrate and/or the jurisdictional trial court.

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In the event the petitioners approach the jurisdictional Magistrate and/or the trial court by filing any application seeking regular bail, the jurisdictional Magistrate and/or the jurisdictional trial court will consider such application on its own merits and in accordance with law.

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JUDGE

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Comparing Assistant

Amir Hamja and 8 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Amir Hamja and 8 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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