Md. Sah Alom @ Saha Ali and Anr v. The State of Assam

PageoNo.#o1/2 GAHC010060442024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./857/2024o MD.oSAHoALOMo@oSAHAoALIoANDoANR.o S/OoMAJIBURoRAHMANo VILL-oAMINPARA,oP.S.oROUTAo DIST.oUDALGURI,oASSAMo PIN-784508 2:oAMIRoHUSSAIN oS/OoSUKURoALIo VILL-oAMINPARA oP.S.oROUTAo DIST.oUDALGURI oASSAMo PIN-78450o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oBoRAHMANo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooo Page No.# 2/2

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

22.03.2024 Heard Mr. B. Rahman, the learned counsel appearing for the petitioners as well as Ms. A. Begum, the learned Addl. Public Prosecutor representing the State of Assam.

¶2This is an application under Section 439 of the CrPC in respect of G.R. Case No.2640/2016 (Narayanpur P.S. Case No.171/2016, under Section 11 (1) (a) of the Prevention of Cruelty to Animal Act, 1960) pending before the court of learned S.D.J.M.(S), Lakhimpur, North Lakhimpur, Assam.

¶3The petitioners defaulted in appearance before the learned trial court and therefore, Non-Bailable Warrant of Arrest (NBWA) was issued against them. They were arrested and produced before the trial court.

¶4By filing this application, the petitioners prayed for releasing them on bail, but the trial court refused to grant them bail because their conducts were not good.

¶5I have considered the submissions made by the leaned counsel of both sides.

¶6The conducts of the petitioners are not good. Even, then, this Court has decided to give one opportunity to the present petitioners.

¶7Accordingly the impugned order is interfered with. The petitioners, namely-Md. Sah Alom @ Saha Ai and Amir Hussain are allowed to go on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the learned S.D.J.M.(S), Lakhimpur, North Lakhimpur, Assam. The bail application is disposed of. JUDGE Comparing Assistant