Moidul Hoque @ Moidul Ali and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010032332024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/370/2024o MOIDULoHOQUEo@oMOIDULoALIoANDoANR.o S/OoLATEoSIDDIQoALIo R/OoVILL-oMARUACHOWKIo P.S.oSIPAJHARo DIST.oDARRANG,oASSAM 2:oISLAMoHOQUEo@oISLAMoALI oS/OoLATEoSIDDIQoALIo R/OoVILL-oMARUAHOWKI oP.S.oSIPAJHARo DIST.oDARRANG oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoCHAUDHURYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

16.02.2024

Heard the learned counsel Mr. N. Mahajan appearing for the petitioners. Also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 438 of the CrPC. 3. The petitioners are shown as absconders in the charge sheet, which is registered as PRC No.1499/2023 pending in the court of Sub-Divisional Judicial Magistrate(S), Darrang, Mangaldai.

¶4The charge sheet has been filed under different sections of IPC including Section 326 of IPC also.

¶5Now, the petitioners have apprehended that since the offence under Section 326 of the IPC prescribes long punishment, they may not be released on bail if they appear before that court.

¶6I have considered the submissions made by the learned counsels of both sides.

¶7This Court is of the opinion that at this stage, the petitioners do not deserve to be detained in custody.

¶8Therefore, it is hereby directed that on appearance of the petitioners before the court of learned SDJM(S), Darrang, Mangaldai in connection with PRC No.1499/2023, they (petitioners Moidul Hoque @ Moidul Ali and Page No.# 3/3 Islam Hoque @ Islam Ali) shall be allowed to go on bail of ₹25,000/- with sureties of like amount to the satisfaction of the learned trial court.

¶9The petitioners are directed to appear regularly before the learned trial court at the time of trial. With the aforesaid direction, the present application stands disposed.

JUDGE Comparing Assistant