Md. Jalaluddin v. State of Assam

ORDER Date : 27.05.2024

Heard Ms. B.Devi, learned counsel for the petitioner. Also heard Mr. B.Sharma, learned Addl. Public Prosecutor for the State/respondent. By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Md. Jalaluddin has prayed for granting pre-arrest bail, apprehending arrest in connection with Dharamtul P.S. Case No.10/2024 under Sections 120B/420/406/387/506 of the IPC r/w Page No.# 2/2 Section 7c ( 2) of Assam Money Launders Amendment Act. The case diary is placed before the court. The learned counsel for the petitioner submits that petitioner is innocent and he is no way connected with the alleged offence. He is doing the business of buying and selling goats for maintaining his family. He has to look after his mother who is 90 years of age. It is further submitted that punishment for Money Launders Act is 2 years which is bailable in nature and other offences as alleged are not attracted against the petitioner and as such, privilege of pre-arrest bail may be extended to the petitioner. Learned Addl.P.P. has produced the case diary and submits that some of the witnesses took loan from the petitioner at the time of distress and when they failed to return money in time, the petitioner used to take their signature in blank papers with a view to lodge false case against them. He has tortured the poor people of the locality in the name of his business for several years. I have heard learned counsel for the parties and perused the case diary. There are sufficient incriminating materials in the case diary regarding extortion of money by the petitioner from poor people of the village. In view of above, the anticipatory bail application is rejected. Send back the case diary. The anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010068112024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/895/2024 MD. JALALUDDIN S/O LATE NURUDDIN, VILL- NO 1 NARAMARI, P.S.-DHARAMTUL, DIST- MORIGAON (ASSAM) VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS B DEVI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI