Gauhati High Court

AB/3793/2018 of MASHUK AHMED AND 4 ORS. Vs THE STATE OF ASSAM on 21 December 2018

GAHC010268442018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB 3793/2018 1:MASHUK AHMED AND 4 ORS. S/O FUKAI MIYA @ ABDUL HOQUE, R/O VILLAGE BORDLONG, PO LANKA, PS LANKA, DIST. HOJAI, ASSAM 2: ABDUL HASIB S/O FUKAI MIYA @ ABDUL HOQUE R/O

GAHC010268442018

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

Case No. : AB 3793/2018

1:MASHUK AHMED AND 4 ORS. S/O FUKAI MIYA @ ABDUL HOQUE, R/O VILLAGE BORDLONG, PO LANKA,PS LANKA, DIST. HOJAI, ASSAM

2: ABDUL HASIB S/O FUKAI MIYA @ ABDUL HOQUE R/O VILLAGE BORDLONG PO LANKA PS LANKA DIST. HOJAI ASSAM

3: NAZMUL HOQUE S/O FUKAI MIYA @ ABDUL HOQUE R/O VILLAGE BORDLONG PO LANKA PS LANKA DIST. HOJAI ASSAM

4: NAZRUL HOQUE S/O FUKAI MIYA @ ABDUL HOQUE R/O VILLAGE BORDLONG PO LANKA PS LANKA DIST. HOJAI ASSAM

5: FUKAI MIA @ ABDUL HOQUE

S/O LATE ATAR ALI R/O VILLAGE BORDLONG PO LANKA PS LANKA DIST. HOJAI ASSAM

VERSUS

1:THE STATE OF ASSAM REP. BY PP, ASSAM

Advocate for the Petitioner : MR F K R AHMED

Advocate for the Respondent : PP, ASSAM

BEFOREHONOURABLE MR. JUSTICE HITESH KUMAR SARMA

ORDER

Date : 21-12-2018

Heard Mr. FKR Ahmed, learned counsel for the accused-petitioners as well as Mr. TK Mishra,learned Additional Public Prosecutor, appearing for the State respondent.

This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of theaccused-petitioners, namely, 1. Mashuk Ahmed, 2. Md. Abdul Hasib, 3. Md. Nazmul Hoque, 4.Md. Nazrul Hoque and 5. Fukai Miya @ Abdul Hoque, in connection with Lanka PS Case No.445/2018 registered under Sections 325/307/34 of the IPC.

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It has been submitted by the learned Additional Public Prosecutor that charge-sheet, vide CSNo. 285/2018, dated 31.10.2018 has already been laid by the Investigating Police Officer in theinstant case. That being so, if so advised, the accused-petitioners may move the learned trialcourt/the court where the case is pending within 15 (fifteen) days from today with an appropriateapplication for bail, which the said court will consider on its own merit. Till then, the accused-petitioners shall not be arrested.

However, it is made clear that in the event the accused-petitioners does not appear before the saidcourt within the stipulated time, the interim protection given to the accused-petitioners shall automaticallystand vacated.

With the above observations and direction, this petition stands disposed of.

JUDGE

Comparing Assistant

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