Mehetab Hussain Mazumdar And Anr vs The State Of Assam on 16 June, 2020

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Gauhati High Court

Mehetab Hussain Mazumdar And Anr vs The State Of Assam on 16 June, 2020

Bench: Manish Choudhury

                                                                                Page No.# 1/2

GAHC010083182020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : AB 1435/2020

             1:MEHETAB HUSSAIN MAZUMDAR AND ANR.
             S/O- LATE AFTAB UDDIN MAZUMDER, R/O. VILL-MADHURBAND,
             CHIRUA, PS- SILCHAR, DIST- CACHAR, ASSAM,

             2: AKBAR HUSSAIN MAZUMDAR
              S/O- LATE AFTAB UDDIN MAZUMDER
              R/O. VILL-MADHURBAND
              CHIRUA
              PS- SILCHAR
              DIST- CACHAR
             ASSA

             VERSUS

             1:THE STATE OF ASSAM
             REP. BY PP ASSAM

Advocate for the Petitioner   : MR. M L PANDIA

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

16.06.2020 Heard Mr. A. Khanikar, learned counsel for the petitioners and Mr. H. Sarma, learned Additional Public Prosecutor for respondent, State of Assam. This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been filed praying for pre-arrest bail of the petitioners viz. 1) Mehetab Hussain Mazumdar, and 2) Akbar Hussain Mazumdar, apprehending their arrest, in connection with Silchar Case no. 609/2020, Page No.# 2/2 registered under Sections 120(B)/420/468/471/34, Indian Penal Code (IPC). The informant is the brother of the petitioners. The allegations are to the effect that the petitioners had executed a registered agreement on 30.01.2009 and registered in the office of the Sub-Registrar at Silchar on 03.02.2009. The said deed of sale is annexed to this bail application as Annexure-B. Having considered the allegations made in the FIR and the deed of sale at Annexure-B, it is provided, in the interim, that in the event of the arrest of the petitioners in connection with Silchar Police Station Case no. 609/2020, they shall be released on bail on furnishing a bail bond of Rs. 10,000/- each with one suitable surety each of the like amount, to the satisfaction of the arresting authority on the following conditions :

1) The petitioners shall appear before the Investigating Officer (I.O.) of the case within 10 (ten) days from today to record their statements and shall cooperate with the investigation;

2) The petitioners shall not leave the territorial jurisdiction of the Officer In- Charge of the Silchar Police Station,

3) The petitioners shall not hamper with the investigation or tamper with the evidence of the case; and

4) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.

List the matter on 15.07.2020 for production of the case diary. Let a copy of this order, if requested, be issued to the learned counsel for the petitioners under the signature of the Court Master.

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