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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MUHIB UDDIN LASKAR AND 5 ORS – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
['J LASKAR', '', 'R DAS', 'PP', 'ASSAM', '', 'I H BARBHUIYA']

ORDER

13.09.2022 Date :

Heard Mr. J. Laskar, learned counsel for the petitioners. Also heard Mr.

M.P. Goswami, learned APP and Mr. I.H. Barbhuiya, learned counsel appearing for the informant.

Apprehending arrest in connection with Lala P.S. Case No. 19/2022 under sections 147/148/149/341/ 326/354B IPC, the petitioners have filed this application under section 438 Cr.P.C.

The learned APP has produced the case diary. The learned APP as well as the learned counsel for the informant have opposed the prayer for bail.

The learned APP has submitted that there is no new ground for entertaining this second pre-arrest bail application. The previous application was rejected by this Court by order dated 19.04.2022 passed in AB 847/2022. In the aforesaid context of maintainability, the learned counsel for the petitioners has submitted that the previous pre-arrest bail application was rejected on the ground that the informant and his wife were assaulted with sharp weapon, which resulted in grievous injuries whereas his instruction is to the effect that no sharp weapon was used by the accused persons. It is submitted that the petitioner nos.1 and 2 are govt. servant, the petitioner no.4 is a student of

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