The Gauhati High Court dismissed an application for anticipatory bail under Section 438 Cr.PC filed by 14 accused persons. The court held the petition infructuous as the offenses involved in the case diary were bailable.
Petition stands closed as the cases involve bailable offenses.
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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GAHC010172412018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2420/2018
1:HASMAT ALI AND 13 ORS.
S/O ABDUL JALIL, R/O GORALI PAAM, 9 NO. CHAMDMAMA, PS KALGASHIA, DIST. BARPETA, ASSAM
2: ASHRAF ALI S/O ABDUL JALIL R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
3: JAKIR HUSSAIN S/O ABDUL JALIL R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
4: MOKIBUL ISLAM S/O HASMAT ALI R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
5: YAKUB ALI S/O HASMAT ALI R/O GORALI PAAM
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9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
6: KAJIM UDDIN S/O SORHAB ALI R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
7: ASHRAF ALI S/O SHAFER ALI R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
8: SHIDDIQUE ALI S/O MAHEJ SHEIKH R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
9: FATIMA KHATUN S/O OSMAN GONI R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
10: JASMINE NESHA W/O OAHEJ ALI R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA
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ASSAM
11: SHABIA KHATUN W/O HASMAT ALI R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
12: SHABIA KHATUN W/O ASHRAF ALI R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
13: MARJINA KHATUN W/O JAKIR HUSSAIN R/O GORALI PAAM 9 NO. CHAMDMAMA PS KALGASHIA DIST. BARPETA ASSAM
14: SANDHYA BHANU W/O SOMSHER ALI R/O RONGJULI PS KALGASHIA DIST. BARPETA ASSA
VERSUS 1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. B P CHANGMAI
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 04-12-2018
Heard Mr. B Deka, learned counsel for the petitioners as well as Mr. TK Mishra, learned Additional Public Prosecutor, appearing for the State. Also heard Mr. Partha Pratim Biswas, the Investigating Police Officer of the case.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, (1) Hasmat Ali, (2) Ashraf Ali, (3) Jakir Hussain, (4) Mokibul Islam, (5) Yakub Ali, (6) Kajim Uddin, (7) Ashraf Ali, (8) Shiddique Ali, (9) Fatima Khatun, (10) Jasmine Nesha, (11) Shabia Khatun, (12) Shabia Khatun, (13) Marjina Khatun and (14) Sandhya Bhanu, in connection with Kalgachia PS Case No. 488/2018 registered under Sections 147/148/149/447/325/326/307 of the IPC.
Learned Additional Public Prosecutor has submitted that although the case diary of Kalgachia PS Case No. 488/2018 was called for by this court but by mistake the case diary of Kalgachia PS Case No. 487/2018 was forwarded.
The Investigating Police Officer, SI, Partha Pratim Biswas submits that the investigation of this case is already completed and the charge-sheet, vide CS No. 398/2018, date 31.10.2018 under Sections 447/294/323/506 of the IPC has been laid against the petitioners. In view of the above, personal appearance of the Investigating Police Officer is dispensed with.
In view of the panel provisions cited in the charge-sheet being bailable, the instant application under Section 438 of the Cr.PC has become infructuous.
Accordingly, the instant petition stands closed.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail under Section 438 Cr.PC.
Whether the petition under Section 438 Cr.PC is infructuous due to the bailable nature of the charges.
1 provisions across 1 enactments
Hasmat Ali and 13 Ors.
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
