Mafijul Ali and 2 Ors v. The State of Assam

ORDER

27.03.2024 Heard Mr. A Khanikar, learned counsel for the petitioners as well as Ms. A. Begum, learned Additional Public Prosecutor, Assam. By this application filed under Section 439 CrPC the petitioners, namely,

(1) Mafijul Ali; (2) Sanidul Ali; and (3) Jamal Ali have prayed for release on bail who were arrested in connection with Dhakuakhana P.S. Case No. 21/2024 registered under Sections 457/380/34 IPC. On 04.03.2024, at night, the petitioners were caught red handed when they tried to steal two cows from the house of the informant. It is submitted that the petitioners have already undergone 21 (twenty one) days in custody and the stolen property has already been recovered. Considering the submission made by the learned counsel for both the parties and since the stolen property has been recovered and also considering the period of detention, already undergone by the petitioners, this court is of the opinion that the petitioners do not deserve to be detained in custody for any further period of time. Hence, the prayer for bail of the petitioners is allowed. Page No.# 3/3 Accordingly, the petitioners, namely, (1) Mafijul Ali; (2) Sanidul Ali; and

(3) Jamal Ali, who were arrested in connection with Dhakuakhana P.S. Case No. 21/2024 registered under Sections 457/380/34 IPC shall be released on bail of Rs.20,000/- each with one surety of like amount to the satisfaction of the learned Sub Divisional Magistrate, Dhakuakhana. The bail application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010063042024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./896/2024 MAFIJUL ALI AND 2 ORS. S/O HAKIMUDDIN ALI R/O GOROIMARI GAON P.S. BOGINODI DIST.LAKHIMPUR, ASSAM 2: SANIDUL ALI S/O KAJIMUDDIN R/O GOROIMARI GAON P.S. BOGINODI DIST.LAKHIMPUR ASSAM 3: JAMAL ALI S/O IBRAHIM ALI R/O GOROIMARI GAON P.S. BOGINODI DIST.LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A KHANIKAR Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA