The petitioners sought pre-arrest bail in a case involving conspiracy and murder. The Court rejected the application, finding sufficient incriminating material in the case diary indicating the petitioners' active participation in the offence.
Pre-arrest bail rejected.
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GAHC010113482024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1491/2024
MD LALMAMUD ALI @ LALMAMUD ALI AND 5 ORS S/O LATE ALIMUDDIN, R/O NO. 2 KANDHBARI, P.O.-KANDHBARI, P.S.MUKALMUA, DIST-NALBARI, ASSAM, PIN CODE 781126
2: JEHERUL ISLAM @ MD JEHERUL ISLAM S/O LATE AKABBOR ALI R/O NO. 2 KANDHBARI P.O.-KANDHBARI P.S.-MUKALMUA DIST-NALBARI ASSAM PIN CODE 781126
3: HAIDAR ALI @ MD HAIDAR ALI @ SHOHIDUL ISLAM S/O LATE AKABBAR ALI R/O NO. 2 KANDHBARI P.O.-KANDHBARI P.S.-MUKALMUA DIST-NALBARI ASSAM PIN CODE 781126
4: SAFAR ALI @ BILLAL S/O HUSSAIN ALI R/O NO. 2 KANDHBARI P.O.-KANDHBARI P.S.-MUKALMUA DIST-NALBARI ASSAM PIN CODE 781126
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P.O.-KANDHBARI P.S.-MUKALMUA DIST-NALBARI ASSAM PIN CODE 781126
6: ELIJA BEGUM @ MISS ELIJA BEGUM D/O LATE AKABBAR ALI R/O NO. 2 KANDHBARI P.O.-KANDHBARI P.S.-MUKALMUA DIST-NALBARI ASSAM PIN CODE 78112
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. B HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 02-07-2024
Heard Mr. A.K. Hussain, learned counsel for the petitioners and Mr. R.J. Baruah, learned Addl. PP, Assam.
By this application under Section 438 Cr.P.C., the petitioners, namely, 1. Md. Lalmamud Ali @ Lalmamud Ali, 2. Jeherul Islam @ Md. Jeherul islam 3. Haidar Ali @ Md. Haidar Ali @ Shohidul Islam, 4. Safar Ali @ Billal, 5. Jahiran Bibi @ Miss Jahiran Bibi & 6. Elija Begum @ Miss Elija Begum have prayed for pre arrest bail
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apprehending arrest in connection with Mukalmua PS Case No.136/2024 under section 120B/302 IPC .
Case diary is received. Same is perused.
The material so far collected in the case diary indicates and suggests that the present petitioners had actively participated in the commission of the offence which resulted in the death of the victim.
Considering the matter in entirety, this court is of the view that there are sufficient incriminating materials against the present petitioners and accordingly, this Court is of the view that this is not a fit case for grant of privilege of pre arrest bail to the petitioners and accordingly the same stands rejected at this stage.
Accordingly, the instant petition stands dismissed. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioners are entitled to pre-arrest bail in connection with the FIR under Sections 120B/302 IPC?
2 provisions across 2 enactments
MD LALMAMUD ALI @ LALMAMUD ALI AND 5 ORS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
