Purnima Khatun and Anr v. The State of Assam

ORDER Date : 27.06.2024 Heard Mr. S.C. Biswas, learned counsel for the petitioners, (i) Purnima Page No.# 2/3 Khatun @ Begum (ii) Sanowar Mandal @ Sanowar @ Chanowar Hussain Mandal.

¶2The petitioners have filed this application under Section 438 Cr.P.C., with prayer for pre-arrest bail, as they are apprehending arrest in connection with Bongaigaon P.S. Case No. 115/2024, under Sections 447/302/34 IPC.

¶3Heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam/respondent.

¶4The allegation against the petitioners is that they along with co-accused named in the FIR armed with heavy bamboo and iron rods attacked Amzad Ali Sheikh. When the father of Amzad Ali Sheikh and other relatives tried to stop the attack, they were also attacked in the process. The victim Amzad Ali Sheikh was taken to the Bongaigaon Civil Hospital but he was declared as dead.

¶5It is submitted by the learned counsel for the petitioners that the charge-sheet has not been laid against the petitioners. He further submits that the petitioners are in no way involved in the alleged offence as stated in the FIR. Considering the background of the case, the petitioners may be granted the privilege of pre-arrest bail.

¶6The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials against the petitioners in the case diary.

¶7I have considered the submissions at the Bar with circumspection. I have also scrutinized the case diary. Page No.# 3/3

¶8It appears that the petitioners are booked under a serious offence and they are not entitled to pre-arrest bail at this stage.

¶9In view of my foregoing discussions, it is thereby held that there appears no justified ground to extend the privilege of pre-arrest bail to the present petitioners. Accordingly, the bail petition is rejected at this stage.

¶10The bail application stands disposed of.

¶11Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010099642024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1301/2024 PURNIMA KHATUN AND ANR. W/O JALENUR MANDAL R/O VILL- CHIKIBIKI P.S. BOGAIGAON DIST. BONGAIGAON, PIN-783380 2: SANOWAR MANDAL @ SANOWAR @ CHANOWAR HUSSAIN MANDAL S/O ABDULMANNAF MANDAL R/O VILL- CHIKIBIKI P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN-78338 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND