Abdul Hamid and 2 Ors v. The State of Assam

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4012/2023 ABDUL HAMID AND 2 ORS S/O MOTOSIN ALI R/O VILL-DOLUGANG P.S. R.K.NAGAR DIST. KARIMGANJ, ASSAM PIN-788710 2: ABDUL AZIZ S/O MOTASIN ALI R/O VILL-DOLUGANG P.S. R.K.NAGAR DIST. KARIMGANJ ASSAM PIN-788710 3: AHMAD ALI S/O BILAL UDDIN R/O VILL-DOLUGANG P.S. R.K.NAGAR DIST. KARIMGANJ ASSAM PIN-78871 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : PP, ASSAM Page No.# 2/3

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

19.01.2024

This is an application under Section 438 of the CrPC in respect of R.K. Nagar Police Station Case No.51/2014, registered under Sections 120B/ 147/ 148/ 149/ 325/ 326/ 307/379/447 of the Indian Penal Code (corresponding to G.R. Case No.1281/2014). I have heard the learned counsel Mr. B. Chowdhury appearing for the petitioners. Also heard Mr. K.K. Parasar, the learned Addl. Public Prosecutor representing the State of Assam. The petitioners are charge sheeted in a case under Sections 326/307 etc. of the Indian Penal Code. Against some other accuseds, the case has been committed to the Sessions Court by the learned Addl. Chief Judicial Magistrate, Karimganj. The present petitioners now want to face trial but they have apprehended that on their appearance before the learned Addl. Chief Judicial Magistrate, Karimganj, they shall be remanded to custody as this court does not have the jurisdiction to entertain their bail applications in this case. Under the given facts and circumstances of the case, this Court hereby directs the petitioners-Abdul Hamid, Abdul Aziz and Ahmad Ali to appear before the learned court of Addl. Chief Judicial Magistrate, Karimganj in connection with aforesaid case and on their appearance, Page No.# 3/3 the court shall release these petitioners on bail of ₹25,000/- each with a surety each of like amount to the satisfaction of the said court. With the aforesaid direction, the application for bail is disposed of.

JUDGE Comparing Assistant