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2025 DAILYLAW 20705 (GAU)

CHILIMA KHATUN @ SILIMA KHATUN AND 4 ORS. v. THE STATE OF ASSAM

AB/2995/2024 · 2025-06-03

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010238802024 2025:GAU-AS:7344 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2995/2024 CHILIMA KHATUN @ SILIMA KHATUN AND 4 ORS. D/O JAHURUL ISLAM R/O VILL- HARIRHAR P.S. MERERCHAR DIST. BONGAIGAON, ASSAM 2: JAHURUL ISLAM S/O BAKKAR ALI R/O VILL- HARIRCHAR P.S. MERERCHAR DIST. BONGAIGAON ASSAM 3: MAMTAZ KHATUN W/O JAHURUL ISLAM R/O VILL- HARIRCHAR P.S. MERERCHAR DIST. BONGAIGAON ASSAM 4: SANOWAR HUSSAIN S/O BAKKAR ALI R/O VILL- HARIRCHAR P.S. MERERCHAR DIST. BONGAIGAON ASSAM 5: KASHEM ALI S/O SUKUR ALI R/O VILL- HARIRCHAR P.S. MERERCHAR DIST. BONGAIGAON ASSA Page No.# 2/3 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, MR. S M RAHMAN,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 04.06.2025 1. Heard Mr. M.I. Hussain, the learned counsel for the petitioners. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. The Investigating Officer of this case, Mr. M. Basumatary was directed to appear before the Court personally by a co-ordinate bench of this Court, by order dated 15.05.2025, as he failed to produce the Case Diary on repeated occasions. 3. Today, the Investigating Officer has appeared personally and has given a written explanation, as to why he failed to produce the Case Diary. 4. The explanation submitted by the Investigating Officer is accepted. 5. The learned counsel for the petitioners has submitted that the petitioners were granted interim anticipatory bail by this Court, by order dated 18.11.2024, and in pursuant to the directions of this Court, the petitioners have co-operated in the investigation. Page No.# 3/3 6. Hence, he prays for making the interim bail absolute. 7. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary and has submitted that the petitioners have appeared before the Investigating Officer and their statements have been recorded under Section 180 of the BNSS, 2023. 8. As the petitioners have complied with the directions of this Court and have co-operated in the investigation, the interim bail granted to them, by order dated 18.11.2024 is hereby made absolute with condition Nos. (iii), (iv) and (v) attached to the said order remaining intact. 9. Send back the Case Diary. 10. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant