Jan Mahammad Ali @ Md. Jan Momud Ali and Anr v. The State of Assam

ORDER

21.06.2024

¶1Heard learned counsel Mr. A. Paramanik for the petitioners, namely (i) Jan Page No.# 2/3 Mohammad Ali@ Md. Jan Momud, and (ii) Parijan Bibi2 Miss Parijan Bibi.

¶2This application has been filed by the petitioners under Section 438 of the Cr.PC as they are apprehending arrest in connection with Changsari P.S. Case No. 143/2024 registered under Section 498(A)/302 of the IPC.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioners in the FIR is that they had subjected the victim to cruelty to meet their illegal demand of dowry and finally the petitioners had killed the victim. It is submitted that the petitioner No. 2 is the first wife of the petitioner No. 1 and the victim was the second wife of the petitioner No. 1. It is submitted on behalf of the petitioner that the victim was suffering from paralysis and that she has committed suicide.

¶5The learned Additional Public Prosecutor has submitted that the Post-mortem report clearly reveals that death was due to the ante-mortem hanging which indicates that it was a suicidal death and not homicidal death.

¶6I have considered the submissions at the Bar with circumspection.

¶7The merits of the case are not brought to the fore, as this case is still under investigation. Investigation has progressed to a considerable extent. It appears that custodial interrogation may not be required.

¶8The petitioners being local residents are willing to co-operate with the investigation and they are not flight risks.

¶9Considering all aspects and after scrutinizing the Case Diary, it appears that anticipatory bail may be granted.

¶10In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 50,000/- (Rs. Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that; Page No.# 3/3

(i) the petitioner shall appear before the Investigating Officer within 1 (one) week and co-operate with the investigation,

(ii) the petitioner shall not jump the Jail, and

(iii) the petitioner shall not leave the jurisdiction of the Court without prior permission. On breach of any of the bail conditions, bail order shall stand cancelled.

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010102532024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1338/2024 JAN MAHAMMAD ALI @ MD. JAN MOMUD ALI AND ANR S/O ROUSAN ALI, R/O BHETAMUKH, NAYAN PARA, (NORTH GUWAHATI), P.S.-CHANGSARI, DIST- KAMRUP, ASSAM 2: PARIJAN BIBI @ MISS PARIJAN BIBI W/O JAN MAHAMMAD ALI @ JAN MOMUD ALI R/O BHETAMUKH NAYAN PARA (NORTH GUWAHATI) P.S.-CHANGSARI DIST- KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A PARAMANIK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND