Paban Ali v. The State of Assam

Page No.# 1/4 GAHC010156562024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2294/2024 PABAN ALI S/O LATE KASIM ALI, R/O MOKHONIYA, BANGALPARA, P.S.-HAJO, DIST-KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, Linked Case : AB/1772/2024 PABAN ALI AND ANR. S/O LATE KASIM ALI

R/O MOKHONIYA BANGALPARA P.S.- HAJO DIST.- HAJO DIST.- KAMRUP ASSAM. 2: TAFJUL ALI Page No.# 2/4 S/O PABAN ALI ALI

R/O MOKHONIYA BANGALPARA P.S.- HAJO DIST.- HAJO DIST.- KAMRUP ASSAM. VERSUS THE STATE OF ASSAM REP. BY P.P. ASSAM. ------------ Advocate for : MR. A PARAMANIK Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./2038/2024 ABZAL ALI AND ANR S/O PABAN ALI R/O MOKHONIA P.S.-HAJO DIST-KAMRUP ASSAM 2: FAKARUDDIN AHMED S/O PABAN ALI R/O MOKHONIA P.S.-HAJO DIST-KAMRUP ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. A PARAMANIK Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 3/4

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

21.08.2024

This is a common order for these three items.

¶2Heard the learned counsel Mr. A. Paramanik appearing for the petitioners. I have also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam. Ms. A. Goswami, learned counsel appears for the informant.

¶3The anticipatory bail application in respect of Paban Ali (in AB No.1772/2024) has become infructuous as because he has been arrested by police.

¶4In respect of Bail Application No.2294/2024, the informant has alleged that on the day of occurrence, her 51 years old husband was attacked by Paban Ali and his three sons, namely-Abzal Ali, Tafjul Ali and Fakaruddin Ahmed. As a result of the said attack, the husband of the informant subsequently died in the hospital.

¶5The post-mortem report shows that the cause of death could not be ascertained. Therefore, the viscera was sent to the Forensic Science Laboratory.

¶6The doctors found some injuries on the body of the deceased.

¶7The case diary reveals that at the relevant time of occurrence, the deceased first attacked Paban Ali and therefore, his three sons, namely-Abzal Page No.# 4/4 Ali, Tafjul Ali and Fakaruddin Ahmed had attacked the deceased. It is the version of the eye witnesses.

¶8Considering the aforesaid facts, the bail prayer of Paban Ali who has been arrested in connection with Hajo P.S. Case No.224/2024, under Section 302/34 of the Indian Penal Code is allowed. He is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the leaned Chief Judicial Magistrate, Kamrup, Amingaon.

¶9So far as the bail prayers of Abzal Ali and Fakaruddin Ahmed are concerned, who has been arrested in connection with the aforesaid case, their bail applications are rejected. With the aforesaid direction, the three bail applications are disposed of. Case diary shall be returned.

JUDGE Comparing Assistant