Justice Rumi Kumari Phukan rejected a petition for pre-arrest bail under Section 438 CrPC. The court held that the petitioner's role in preparing fake muster rolls indicated sufficient complicity, distinguishing this from co-accused already on bail.
Application for pre-arrest bail rejected; case diary returned.
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GAHC010001212018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 24/2018
1:ARSHAD ALI
SON OF MD. MUSLIM UDDIN, RESIDENT OF BHARALUMUKH, POLICE STATION MOIRABARI, DISTRICT MOIRABARI, ASSAM
VERSUS
1:THE STATE OF ASSAM
Advocate for the Petitioner : MR. K MUNIR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 08-02-2018
By this second application u/s 438 of the CrPC accused petitioner Arshad Ali sought pre-arrest bail in connection with ACB Police Station Case No.07/2017 U/S 120B/409/468/420 IPC read with Section 13(1)(e) / 13(2), Prevention of Corruption Act submitting that his complicity is not there and that some co—accused are already granted bail.
Heard Mr K Munir, learned counsel for petitioner and Mr TK Misra, learned
additional public prosecutor for the state.
Case diary indicates that petitioner prepared the muster roll in question and it
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turned out to be fake and none of the job card-holders was benefited from the work done by them, and gained illegally producing fake muster roll. The only fact that some other person is given the benefit of bail and the same can be applicable to each and everyone, as role of each person is different towards implementation of the work in question. There being sufficient complicity of petitioner this court is not inclined to grant the privilege of pre-arrest bail, hence rejected. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail under Section 438 CrPC when the accused is alleged to have prepared fake muster rolls under corruption charges where co-accused have already been granted bail.
3 provisions across 3 enactments
Arshad Ali
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
