Abdul Hoque and 3 Ors v. The State of Assam

ORDER

07.06.2024 Heard Ms T Som, learned counsel for the petitioners, 1) Abdul Hoque, 2) Jarima Khatun 3) Hajarat Ali and 4) Shahadot Ali @ Shahajul Islam, who have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Kalgachia PS Case No. 47/2024, under Sections 302/201/34 IPC.

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

¶4The prime accused, Samsul Sheikh informed the neighbours that the body of his deceased father, Bisha Sheikh was to be buried after following the customary rituals. At about 10:00 am, Ismail Hussain, who was observing the rituals noticed marks of stab wounds on the neck and throat of the deceased. Meanwhile, the main accused Samsul and his wife along with his children had already fled. The present FIR was registered and investigation commenced.

¶5I have considered the submissions at the Bar with circumspection. Page No.# 3/4

¶6It is submitted at the Bar that the prime accused Samsul Sheikh has already been arrested in connection with this case.

¶7The Inquest Report reveals only one deep cut injury on the throat of the deceased.

¶8I have also scrutinized the Case Diary.

¶9It is submitted by the learned Additional Public Prosecutor that the petitioner Nos. 1, 2 and 3 have been implicated of offence under Section 201 IPC, as during the customary rites, they tried to conceal the slash on the neck of the deceased.

¶10The merits of the case are not brought to the fore.

¶11The Case Diary reveals that investigation has progressed to a considerable extent.

¶12It appears that further custodial interrogation of the present petitioners may not be required for the progress of investigation.

¶13The petitioners being local residents have pledged to cooperate with the remaining part of investigation.

¶14Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 50,000/-each, with a suitable surety of the like amount to the satisfaction of the arresting authority under the conditions that-

i) the petitioners shall appear before the IO within 10 days and cooperate with the investigation, Page No.# 4/4

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

¶15Bail Application stands disposed of.

¶16Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010104202024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooAB/1355/2024 ABDULoHOQUEoANDo3oORS. C/OoTAMAJoALI oR/OoBARTARI oP.O.-CHANDMAMA oDIST-oBARPETA oASSAM oPIN-781321 2:oJARIMAoKHATUN C/OoMADABARoALU oR/OoNARARVITAoPT-1 oP.O.-NARARBHITA oDIST-oBONGAIGAON oPIN-783384 o3:oHAJARAToALI C/OoMAYEJoALI oR/OoBARTARI oP.O.-CHANDMAMA oDIST-oBARPETA oPIN-781321 o4:oSHAHADOToALIo@oSHAHAJULoISLAM C/OoASIRoUDDIN oR/OoBARTARI oP.O.-oCHANDMAMA oDIST-oBARPETA oPIN-781321 oVERSUS THEoSTATEoOFoASSAM REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR oASSAM Page No.# 2/4 ------------ Advocate for : MS. T SOM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND