The High Court rejected a second pre-arrest bail application filed against Sections 420/406 IPC. The court refused bail as the materials against the petitioner remained unchanged from the first rejected application, despite the absence of an FSL report.
Pre-arrest bail denied; case diary returned.
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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GAHC010151222018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2154/2018
1:ZINNAT ALI
S/O LATE FARMAN ALI, VILL DAUKMARI, PO JANIA, PS AND DIST. BARPETA, ASSAM, PIN-781314
VERSUS
1:THE STATE OF ASSAM REP.BY THE PP, ASSAM
Advocate for the Petitioner : MD S HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 12-11-2018
This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioner, namely, Zinnat Ali, in connection with Barpeta PS Case No. 372/2018 under Sections 420/406 IPC (GR Case No. 820/2018).
Heard Mr. S. Hussain, learned counsel for the petitioner as well as Mr. N.K. Kalita, learned Additional Public Prosecutor for the state respondent.
Case diary received without the FSL report.
The case diary reveals that no material was sent for FSL examination, and therefore, it could not be produced before the court. Whatever it may be, this is the 2nd pre-arrest bail application of the petitioner. The 1st application was rejected by this court vide order dated
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5.6.2018 in AB 1243/2018. The materials against the petitioner in the case diary remaining the same, this court is not inclined to grant the privilege of pre-arrest bail to him. Accordingly, pre-arrest bail of the present is rejected. The petition stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner who has had a previous bail application rejected in the same matter.
Whether the absence of an FSL report in the case diary impacts the decision on the second pre-arrest bail application.
1 provisions across 1 enactments
Zinnat Ali
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
