MOHAMMED GOLAM MUSTAFA ALIAS MD GOLAM MUSTAFA v. THE STATE OF ASSAM
AB/2235/2026 · 2026-09-14
Shamima Jahan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14319 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14319 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010199042026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2235/2026 MOHAMMED GOLAM MUSTAFA ALIAS MD GOLAM MUSTAFA S/O LATE MOHAMMED CHAND MAHMUD, AGED ABOUT 54 YEARS, RESIDENT OF HOUSE NO. 12, K.K. HANDIQUE PATH, MATHURA NAGAR, DISPUR, P.O. DISPUR ASSAM SACHIVALAYA, P.S. DISPUR, ASSAM, GUWAHATI, DISTRICT- KAMRUP M, ASSAM -781006 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR R YASIN, MD. A CHOUDHURY,MR B P BORAH Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 15.09.2026
Heard Mr. R. Yasin, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has sought for pre arrest bail in connection with South Salmara P.S. Case No. 91/2025 registered under Sections
Page No.# 2/3 319(2)/336(3)/340(2) of BNS, 2023. The FIR in connection with which the petitioner is apprehending arrest was lodged on 05.08.2026 by Dr. Abhijit Neog, Anti-Quackery and Vigilance Officer stating inter alia that the petitioner, who does not have any degree or who is not at all a doctor was practicing as Specialist in Gastroenterology in the hospital called Life Line Hospital, Hatsingimari, South Salmara, Mankachar. It is stated that the petitioner has been prescribing medicines to the public without any qualification and the same is in contravention of the laws of the land. 3. The learned Counsel for the petitioner submits that the petitioner has undergone some training and he works in pursuance to the same, but is not involved in the offence narrated in the FIR. He submits that the police has completed the investigation and the charge sheet was submitted against him vide charge sheet no.130 dated 21.07.2026. 4. Mr. B. Sharma, learned Additional Public Prosecutor for the State, however, submits that there is no apprehension on the part of the petitioner since charge sheet is submitted and the matter is before the Court. 5.
Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the FIR was lodged long back on 05.08.2025 and in absence of any victim stating about the offence committed by the petitioner, this Court deems it fit to enlarge the petitioner on pre arrest bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Trial Court, under the following conditions:
i) the petitioner will appear before the Trial Court within a period of 10 days from the date of the order. Page No.# 3/3 ii) the petitioner will appear before the Trial Court thereafter as and when called for. iii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iv) the petitioner will not leave the place of jurisdiction without the permission of the Trial Court. 6. Petition is disposed of. JUDGE Comparing Assistant