Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010070452025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/778/2025 SHAHALOM SK S/O- LATE ABUL HUSSAIN SARKAR, R/O- VILL- CHENGURCHAER, PS MANKACHAR 2: MONOWARA BIBI W/O NUR MOHAMMAD
RESIDENT OF VILLAGE BEKARDOBA SONAPUR PS MANKACHAR 3: ANOWARA KHATUN W/O MASOM ALI KHAN
RESIDENT OF VILLAGE FULERCHAR PART III PS SUKCHAR 4: SANOWARA KHATUN W/O ROFIAL HOQUE
RESIDENT OF VILLAGE BORAIKANDI PS SOUTH SALMARA ALL ARE IN THE DISTRICT SOUTH SALMARA MANKACHAR ASSAM 78313 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM
Page No.# 2/3 Advocate for the Petitioner : MR. A K DAS, MS. R DEVI,MR. P S BISWAS,MR. S C BISWAS,P SHARMA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 21-05-2025
Heard learned counsel Mr. S.C Biswas for the petitioners (1) Shahalom SK, (2) Monowara Bibi, (3) Anowara Khatun and (4) Sanowara Khatun. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, with prayer for pre- arrest bail as the petitioners are apprehending arrest in connection with GR Case No. 10/2025 arising out of Mankachar PS Case No. 02/2025 under Section 61(2)/318(4)/336(2)/336(3)/340(2) of BNS, 2023. 3. The allegation against the petitioners is that the petitioners have committed fraudulent act, not only once but twice. The petitioner no. 1 earlier forged a No Objection Certificate after 1997 and all the petitioners, after 1990, procured a false death certificate and thereby, they are enjoying rights over a plot of land to which Abdul Majid is rightfully entitled. I have considered the submissions at the bar that the petitioner No. 1 is 80 years old and the petitioner No. 2, 3 and 4 are elderly women aged 58 years, 55 years and 53 years respectively. I have also considered the submission that the petitioners are willing to co-operate with the remaining part of the investigation. 4. I have considered the submission at the Bar with circumspection. Page No.# 3/3
5. It is submitted that the petitioners have appeared before the I/O. I have considered the submission that the petitioners have co-operated with the investigation and they have not violated the bail conditions. 6. Therefore, the interim order dated 04.04.2025 is hereby made absolute under the same terms and conditions. Send back the Case Diary.
JUDGE Comparing Assistant