In a petition under Section 438 CrPC for pre-arrest bail regarding a Section 406 IPC chargesheet, the Gauhati High Court rejected the prayer after perusing the case diary and considering the allegations, holding it not a fit case for bail.
Prayer for bail under Section 438 CrPC rejected. Case diary sent back to the police.
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GAHC010126192018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1786/2018
1:MOJAMIL RAHMAN @ MAJAMMILAR RAHMAN S/O. LT. AKHMAT ALI, VILL. LOHARKATA (SARUSUBA), P.S. MUKALMUA, DIST. NALBARI, ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY P.P., ASSAM.
Advocate for the Petitioner : MR A ALI
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE MIR ALFAZ ALI
03-10-2018
By this application under Section 438 of the Code of Criminal Procedure, 1973, the petitioner, namely – Mojamil Rahman @ Majammilar Rahman, has prayed for prearrest bail apprehending his arrest in connection with Kamalpur P.S. Case No.67/2018 registered under Section 406 of the Indian Penal Code.
Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. NJ Dutta, learned Additional Public Prosecutor, Assam for the State respondent.
Case diary called for is received and perused. Also perused the additional affidavit filed by the petitioner.
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Having considered the allegations made in the FIR and the materials in the case diary as also the entire facts and circumstances of the case, this does not appear to be a fit case for extending the benefit of pre-arrest bail to the petitioner.
Accordingly, the prayer for bail is rejected.
Send back the case diary.
Sd/-
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail apprehending arrest in connection with Section 406 IPC.
Whether the allegations in the FIR and case diary warrant extending pre-arrest bail under Section 438 CrPC.
2 provisions across 2 enactments
MOJAMIL RAHMAN @ MAJAMMILAR RAHMAN
THE STATE OF ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
