Single Judge granted pre-arrest bail to the petitioner under CrPC 438, making the interim bail order absolute after perusal of the case diary found no incriminating materials.
Interim bail order admitted on 23.05.2018 made absolute and pre-arrest bail application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010104962018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1504/2018
1:SHEIKH MOINUL HOQUE S/O- LT ABED ALI AHMED, R/O- VILL- MAHCHARA, P.O. AND P.S. KACHUMARA, DIST- BARPETA, ASSAM, PIN-781127
VERSUS
1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. S BORTHAKUR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 05-10-2018
Heard Mr. D Barman, learned counsel for the petitioner and Mr. B Sarma, learned Addl. PP, Assam.
This is an application under Section 438 Cr.P.C. filed by the petitioner, namely, Seikh Moinul Hoque, praying for pre-arrest bail apprehending arrest in connection with Kachumara PS Case No.16/2018, under Sections 406/468/471 IPC corresponding to GR Case No.587/2018.
Case diary called for is received and perused.
The petitioner was granted interim bail by order dated 23.05.2018. Case
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diary does not reflect any incriminating materials against the petitioner.
Having considered the materials in the case diary and the nature of allegations made in the FIR, this Court is of the view that custodial interrogation of the petitioner may not be necessary in the instant case and as such, it appears to be a fit case for extending the benefit of pre-arrest bail to the petitioner.
Accordingly the petition for pre-arrest bail is allowed and the order dated 23.05.2018, granting interim bail to the petitioner is hereby made absolute under the same terms and conditions.
The pre-arrest bail application stands disposed off.
Send back the case diary.
J U D G E
Smita
Comparing Assistant
1 issue framed by the court
Whether the petitioner is a fit case for pre-arrest bail without the necessity of custodial interrogation.
2 provisions across 2 enactments
SHEIKH MOINUL HOQUE
THE STATE OF ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
