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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
SOIBOR RAHMAN AND 4 ORS – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
['M ISLAM', '', 'PADMINI BARUA', 'RUKMINI BARUA', 'PP', 'ASSAM']

ORDER

06.08.2022 Date :

Heard Ms. P. Baruah, learned counsel for the petitioners. Also heard Mr.

Bidyut Sarma, learned APP appearing for the State.

Apprehending arrest in connection with Mankachar P.S. Case No.

47/2022 under sections 447/326/307/34 IPC corresponding to G.R. No.

94/2022, the petitioners have filed this application under section 438 Cr.P.C.

The learned APP has produced the case diary of Mankachar P.S. Case No.

47/2022 and Mankachar P.S. Case No. 50/2022 and opposed the prayer for bail.

The case diary of Mankachar P.S. Case No. 47/202 reveals that three persons from the informant’s side had suffered injuries, out of which, two persons were grievously hurt with blunt weapon and one person had received simple injury with blunt weapon.

The case diary of Mankachar P.S. Case No. 50/2022, which is lodged by the petitioner no.4 herein reveals that one person had received simple injury by sharp weapon.

It is seen that both sides are members of the same family, being two siblings, who had quarrel led amongst themselves and that both sides have received injuries. Accordingly, the Court is inclined to opine that custodial interrogation of the petitioners may not be required. Hence, the Cou

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