Dul Mamud Hoque v. The State of Assam and Anr

ORDER Date : 28.06.2024

Heard Mr. Y. Kothari, learned counsel for the petitioner Dil Mamud Hoque. Page No.# 2/2 The petitioner has filed this application under Section 438 Cr.P.C. with prayer for pre-arrest bail as he is apprehending arrest in conection wtih PRC Case No. 1070/2020 registered under Sections 448 and 376 of the IPC pending in the Court of learned SDJM (S), Morigaon.. Heard Mr. B. Sarmah, learned Addl. P.P., Assam for the State respondent. The learned Addl.P.P. has submtited that the petitioner has not appeared before the trial Court and has not at all cooperated with the investigation. The I.O. has filed charge-sheet against the petitioner. I have also scrutinised the trial Court record. The learned counsel for the petitioner has submitted that the petitioner is willing to cooperate with the trial. I have taken the pragmatic view as the case is pending since 2020. Further, procrastination can be prevented if the petitioner co-operates with the trial. In view of above, the petitioner is directed to appear before the jurisdictional Court within one month from today and apply for bail which may be considered by the jurisdicational Court in accordance with law. Till then, no coercive action shall be taken against the petitioner. The bail application is disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010117142024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1529/2024 DUL MAMUD HOQUE S/O LATE ABDUL JALAL, VILL- CHAKUMAKU, P.O-JAGIROAD, P.S.- JAGIROAD, DIST-MORIGAON, ASSAM, PIN CODE-782410 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SMTI. KABITA DEVI W/O MR. JABED ALI R/O VILL- CHAKUMAKU P.S.-JAGIROAD DIST- MORIGAON ASSAM PIN-78241 Advocate for the Petitioner : MR. D K KOTHARI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND