Skip to content
Order
  • Library
  • Features
  • About
  • Blog
  • Contact
Get started
Book a Demo

Order

At Order.law, we’re building India’s leading AI-powered legal research platform.Designed for solo lawyers, law firms, and corporate legal teams, Order helps you find relevant case law, analyze judgments, and draft with confidence faster and smarter.

Product

  • Features
  • Blog

Company

  • About
  • Contact

Legal

  • Privacy
  • Terms

Library

  • Acts
  • Judgments
© 2025 Order. All rights reserved.
  1. Home/
  2. Library/
  3. Gauhati High Court/
  4. 2024/
  5. November

Mosamaddin Ali @md Musamuddin vs. the State of Assam

Decided on 29 November 2024• Citation: AB/2477/2024• Gauhati High Court
Download PDF

Read Judgment


                                                                   Page No.# 1/2    
        GAHC010189792024                                                            
                                                              2024:GAU-AS:11886     
                             THE  GAUHATI    HIGH   COURT                           
          (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL  PRADESH)           
                                Case No. : AB/2477/2024                             
                 MOSAMADDIN  ALI @MD MUSAMUDDIN                                     
                 S/O OCHMAN ALI                                                     
                 R/O VILL- KUARPARA,                                                
                 P.O. DEOMARNOI, P.S. SIPAJHAR, DIST. DARRANG, ASSAM                
                 VERSUS                                                             
                 THE STATE OF ASSAM                                                 
                 REP BY THE PP, ASSAM                                               
        Advocate for the Petitioner : MR. R Deka, S I AKAND                         
        Advocate for the Respondent : PP, ASSAM,                                    
                                      BEFORE                                        
                 HON’BLE   MRS. JUSTICE  SUSMITA  PHUKAN  KHAUND                    
                                       ORDER                                        
        29.11.2024                                                                  
           Heard learned counsel, Mr S I Akand, for the petitioner, Md Mosamaddin Ali @ Md
        Musamuddin, who has filed this application under Section 482 (1) of the BNSS, 2023,
        with prayer for pre-arrest bail, as he is apprehending arrest in connection with Sipajhar
        PS Case No. 64/2024, under Sections 302/34 of the Indian Penal Code, 1860   

                                                                   Page No.# 2/2    
        2.  Heard Mr B Sarma, learned Additional Public Prosecutor, Assam for the respondent
        State.                                                                      
        3.  Learned Additional Public Prosecutor has raised serious objection stating that this
        is a subsequent application. The earlier bail petition was rejected after perusal of the
        Case Diary, as there are incriminating materials in the Case Diary against the petitioner.
        4.  I have also scrutinized the Case Diary.                                 
        5.  Indeed there are incriminating materials in the Case Diary against the petitioner.
        6.  It appears that investigation may be adversely affected if the petitioner is admitted
        to bail.                                                                    
        7.  At this juncture, there appears to be no justified ground to extend the privilege of
        pre-arrest bail to the petitioner.                                          
        8.  Petition stands rejected at this stage.                                 
        9.  Anticipatory Bail Application stands disposed of.                       
        10. Send back the Case Diary.                                               
                                                       JUDGE                        
        Comparing Assistant