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[Cites 8, Cited by 0]

Gauhati High Court

Nurur Rahim Majumdar vs The State Of Assam on 28 January, 2022

Author: Rumi Kumari Phukan

Bench: Rumi Kumari Phukan

                                                                     Page No.# 1/2

GAHC010227732021




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

                                  Case No. : AB/4419/2021

             NURUR RAHIM MAJUMDAR
             S/OABDUN NOOR MAJUMDAR
             R/O HOUSE NO. 4,
             H.M.K. ROAD, P.O. ULUBARI
             GUWAHATI-781007, P.S. PALTAN BAZAR, DIST. KAMRUP (METRO), ASSAM

             VERSUS

             THE STATE OF ASSAM
             REP. BY THE PP, ASSAM

Advocate for the Petitioner   : MS. S B CHOUDHURY

Advocate for the Respondent : PP, ASSAM



                                       :: BEFORE ::

                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                          ORDER

28.01.2022 By filing this petition under Section 438 CrPC, the petitioner, namely- Nurur Rahim Majmudar has sought for pre-arrest bail in connection with Dispur P.S. Case No.4483/2021, registered under Section 120(B)/ 406/ 423/ 465/468/471/34 of IPC (corresponding to G.R. No.20064/2021).

Although the informant, daughter of late Abdul Muhib Mazumdar alleged Page No.# 2/2 that the property i.e. Flat No. C-702, situated at Rukminigaon Housefed Apartment, Phase-II, Guwahati, has illegally sold by the petitioner with conspiracy and by forging documents and also has illegally acquired guns/rifles belonged to deceased father of the informant but the investigation reveals that the said flat was duly sold by the informant's deceased father at his life time on due consideration and there is no illegality as regard to the guns/rifles which was found subsequently from the possession of the petitioner. The deceased Mazumdar has all the legal documents to procure the gun/rifles which was also in use during his lifetime, as reveals from the documents that has been annexed vide Annexure C series.

Considering all entirety of the matter including the materials as available in the case diary, it transpires that custodial detention of the accused petitioner is not warranted.

Accordingly, interim bail so granted earlier, is hereby made absolute.

Return the case diary.

.

JUDGE Comparing Assistant