Gauhati High Court
Foriz Uddin Laskar And 2 Ors vs The State Of Assam on 16 March, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010062792020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 969/2020
1:FORIZ UDDIN LASKAR AND 2 ORS.
S/O LT. ARJAMAND ALI LASKAR, VILL-KANCHAPUR PART-II, P.O.-
KANCHANPUR, P.S. AND DIST-HAILAKANDI, ASSAM
2: SAHAB UDIN LASKAR @ SUAB UDDIN LASKAR
S/O LT. ARJAMAND ALI LASKAR
VILL-KANCHAPUR PART-II
P.O.-KANCHANPUR
P.S. AND DIST-HAILAKANDI
ASSAM
3: SARIM UDDIN LASKAR
S/O LT. ARJAMAND ALI LASKAR
VILL-KANCHAPUR PART-II
P.O.-KANCHANPUR
P.S. AND DIST-HAILAKANDI
ASSA
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 16-03-2020 Heard Mr. A.M. Bharbhuiya, learned counsel for the accused-petitioners and Mr. M. Phukan, learned Additional Public Prosecutor for the State.
By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioners viz. 1) Foriz Uddin Laskar, 2) Sahab Uddin Laskar @ Suab Uddin Laskar and 3) Sarim Uddin Laskar have prayed for pre-arrest bail apprehending their arrest, in connection with Hailakandi Police Station Case No. 173/2020, registered under Sections 447/379/506/34, IPC (corresponding to G.R. Case No. 445/2020).
From the contents of the FIR, it has emerged that the accused-petitioner no. 1 and the accused-petitioner no. 2 are owners of plots of land, adjacent to the plot of land, claimed to have belonged to the informant. The accused no. 3 is the brother of the accused-petitioner no. 1 and the accused-petitioner no. 2. It is, inter-alia, alleged that on 11.02.2020, the accused-petitioners had dug the land, claimed to have belonged to the informant with a JCB and taken away earth. The accused-petitioners have annexed copies of some sale deeds in respect of the disputed plot of land to contend that the disputed plot of land does not belong to the informant. Reference is also made to a complaint case registered as C.R. Case No. 843/2018 and registered as Hailakandi Police Station Case No. 625/2018 (Annexure-5) instituted against a number of persons including the accused-petitioner no. 1 by the informant, the proceeding of which came to be stayed by an order of this Court dated 11.01.2019 passed in Criminal Petition no. 22/2019.
Upon due consideration of the case projected on behalf of the accused-petitioners and perusal of the documents annexed to this application, this court is of the prima facie that till the production of the case diary, if in the meantime, the accused-petitioners are arrested in connection with Hailakandi Police Station Case No. 173/2020, the accused-petitioner shall be released on bail, in the interim, subject to furnishing a bail bond of Rs. 10,000/- with one suitable surety of the like amount, to the satisfaction of the arresting authority. The interim Page No.# 3/3 pre-arrest bail is granted subject to the following conditions:-
1. The accused-petitioners shall appear before the Investigating Officer of the case within a period of 10 (ten) days from today and shall thereafter, appear before the Investigating Officer of the case as and when his presence is required for the purpose of further investigation of the case and shall cooperate with the investigation;
2. The accused-petitioners shall not hamper with the investigation or tamper with the evidence of the case; and
3. The accused-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 him from disclosing such facts to the Court or to any Police Officer.
Call for the case diary of Hailakandi Police Station Case No. 173/2020 for production on 03.04.2020.
JUDGE Comparing Assistant