The Gauhati High Court has revoked the bail granted by the Sessions Court to two men in connection with the Barpeta Advocate Rinima Begum Murder case of 2022.
A bench of Justice Robin Phukan observed that the Sessions Judge did not adequately consider crucial factors while granting bail to the accused. The judge failed to discuss the existence of a prima facie case, the nature of the accusation, the severity of punishment, apprehensions of witness tampering, or the threat to the complainant.
Consequently, the Court canceled the bail granted to the two accused, noting that the order was contrary to established jurisprudence on bail.
The case revolves around the murder of Rinima Begum on March 21, 2022, as she was leaving a clinic. The investigation led to the arrest of Mokdom Ali and Mahibul Hoque, who were charged with various offenses under IPC sections 120B/341/302/201. The prosecution alleges that Ali and Hoque conspired to eliminate Begum due to ongoing litigation, hiring professional killers for the task.
An interlocutory application, seeking the cancellation of bail granted to Ali and Hoque, was filed by Harun Ali under section 439(2) CrPC. The application argued that the trial court erred in granting bail without considering the gravity of the offense and the accused's alleged involvement in hiring a professional killer.
The High Court observed that the Sessions Judge had considered irrelevant factors and overlooked the heinous nature of the offense. Additionally, it noted attempts to tamper with records, including altering the date of Mokdom Ali's arrest.
In light of these observations, the High Court canceled the bail and directed the accused to surrender before the Sessions Judge, Barpeta, without delay.
(With inputs from Live Law)
