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2026 DAILYLAW 4696 (GAU)

JAMAL UDDIN v. THE STATE OF ASSAM

I.A.(Crl.)/405/2026 · 2026-04-22

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/3 GAHC010077552026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/405/2026 JAMAL UDDIN SON OF MOINUDDIN RESIDENT OF VILL- HARINADIK, P.O. ANGLARBAZAR, P.S. BADARPUR, DIST. SRIBHUMI, ASSAM 2: RAJU UDDIN SON OF RIAZ UDDIN RESIDENT OF VILL- HARIMADIK P.O. ANGLARBAZAR P.S. BADARPUR DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. P K DAS,MR. N MAHAJAN,MR. D BORA,MR. B.H. TAPADAR,A.ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 23.04.2026 This interlocutory application has been referred by the petitioners with a prayer to relax the condition imposed by the order dated 19.03.2026 passed in Bail Application No. 473 of 2026 to the extent of requirement of furnishing one surety having immovable property within the jurisdiction of the learned Special Judge Dima Hasao, to be bailed, deleted or suitably modified and permit the accused petitioners to furnish sureties from their place of residence i.e. District Sribhumi or any such other security as may be deemed sufficient by this Court. 2. The learned counsel for the petitioner has submitted that the petitioners can fulfil the other conditions; however, arranging for a surety having immovable property in the territorial jurisdiction of Dima Hasao is a near impossibility for them since they are permanent residents of Sribhumi. 3. The learned Addl. P.P has submitted that in the event a modification is allowed, strict conditions are required to be imposed to ensure their participation in the trial. 4. Having heard the learned counsel for the parties, this Court is of the opinion that the requirement of furnishing one surety having immovable property within the jurisdiction of the learned Special Judge, Dima Hasao, can be suitably modified to be read as one surety having immovable property in their own name Page No.# 3/3 within the state of Assam. The learned Trial Court shall have the liberty to verify the surety before accepting the same. 5. Accordingly, with the aforesaid modification, this interlocutory application is disposed of. JUDGE Comparing Assistant