Gauhati High Court
Bail Appln./557/2026 of SAIFUL ISLAM AND ANR Vs THE STATE OF ASSAM on 7 April 2026
GAHC010039412026 2026:GAU-AS:5306 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./557/2026 SAIFUL ISLAM AND ANR S/O LATE JOYNAL ABDIN RESIDENT OF VILL- NAGARJHAR, P.S. HOWLY, DIST. BARPETA, ASSAM 2: AMIR HAMJA S/O LATE JOYNAL ABDIN
GAHC010039412026
2026:GAU-AS:5306
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./557/2026
SAIFUL ISLAM AND ANR
S/O LATE JOYNAL ABDIN
RESIDENT OF VILL- NAGARJHAR, P.S. HOWLY, DIST. BARPETA, ASSAM
2: AMIR HAMJA
S/O LATE JOYNAL ABDIN
RESIDENT OF VILL- NAGARJHAR
P.S. HOWLY DIST. BARPETA
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY, A RAHMAN,MR. M AHMED
Advocate for the Respondent : PP, ASSAM, MR. R A MAZUMDER(INFORMANT)
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
08.04.2026
1. Heard Mr. H. R. A. Choudhury, learned senior counsel appearing for the accused petitioners as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent.
2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, Saiful Islam and Amir Hamja praying for grant of bail in connection with Howli P.S. Case No.9/2026 under Sections 61(2)/115(2)/103(1)/3(5) of the BNS Act.
3. The two petitioners herein are the brothers of the informant. They were arrested on 03.02.2026.
4. The informant is the daughter of the deceased and she lodged an FIR on 2/2/2026 naming the present petitioners (her brothers and two of her sister-in- laws).
5. The gist of the allegations is that her mother had inherited some property after the demise of her father and also she got some property from her brothers and she wanted to distribute the property equally amongst her children but petitioners have been pressurizing her to give the property only to her. And with regard to this, have been inflicting torture upon her for several years. It is further alleged that on 2/2/2026 in the morning they killed her and hanged her from the ceiling of one club located in front of her house.
6. The learned senior counsel submits that they have been in detention ever since their arrest on 2/2/2026.
7. The learned Additional Public Prosecutor submits that the though the postmortem report indicates ante mortem suicidal hanging, but it is revealed by the investigation that the deceased had suffered a fracture and was walking with a stick and how it was possible for her to indulge in suicidal hanging and that too in a place which is located in front of their house. It is submitted that the witnesses examined have stated about the victim being subjected to continual harassment and torture by the accused persons over such property issue.
8. I have perused the relevant portion of the case diary. Investigation has undoubtedly found incriminating materials against the petitioners lending support to the Prosecution contention about the victim being subjected to cruelty and harassment by her own sons for property.
9. Though, some doubts are being expressed as to the suicidal death of the victim as contended to by the Prosecution but investigation has not reached a definite conclusion on the basis of investigation materials apart from PM report as to whether the death is suicidal or homicidal. Some of the witnesses have stated about the death of the deceased being one of murder.
10. Only upon completion of investigation, the IO has to take a call on the penal provisions under which the charge-sheet is to be submitted, if at all and whether it would include penal provisions pertaining to homicide/murder.
11. In the given facts and circumstances, the instant bail petition stands rejected at this stage.
12. Return back the case diary.
JUDGE Comparing Assistant