Allowed

Wahab Ali and 5 Ors. v. the State of Assam

Gauhati HC11 Dec 2018AB/2597/2018

Case brief

AI extract

What is this about?

The Gauhati HC granted anticipatory bail to petitioners in a murder case. The court held that based on FSL reports and case diary, custodial interrogation was not warranted, directing their release upon furnishing bail bonds and undertaking specific conditions.

What did the court decide?

Released upon furnishing bail bond of Rs. 20,000 and undertaking conditions regarding investigation and non-tampering.

Wahab Ali and 5 Ors. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2018)

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GAHC010184642018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 2597/2018

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1:WAHAB ALI AND 5 ORS.

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S/O OMAR ALI, R/O VILLAGE ATHGHARITARI, PS GOLAKGANJ, DIST. DHUBRI, ASSAM

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2: JOHERA BIBI W/O WAHAB ALI R/O VILLAGE ATHGHARITARI PS GOLAKGANJ DIST. DHUBRI ASSAM

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3: AHIMA BIBI@ ROHIMA BIBI D/O WAHAB ALI R/O VILLAGE ATHGHARITARI PS GOLAKGANJ DIST. DHUBRI ASSAM

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4: ABIDA BIBI D/O WAHAB ALI R/O VILLAGE ATHGHARITARI PS GOLAKGANJ DIST. DHUBRI ASSAM

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5: MOZID ALI S/O LOKMAN ALI R/O VILLAGE ATHGHARITARI PS GOLAKGANJ DIST. DHUBRI ASSAM

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6: GAZI RAHMAN @ ALI S/O LOKMAN ALI R/O VILLAGE ATHGHARITARI PS GOLAKGANJ DIST. DHUBRI ASSA VERSUS 1:THE STATE OF ASSAM REP. BY PP, ASSAM

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Advocate for the Petitioner : MR. R PHUKAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 11-12-2018

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Heard Mr. R Phukan, learned counsel for the petitioners and Mr. NJ Dutta, learned Additional Public Prosecutor for the State respondent.

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By this petition filed under Section 438 Cr.P.C. the petitioners, namely, Wahab Ali,

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Johera Bibi, Ahima Bibi @ Rohima Bibi, Abida Bibi, Mozid Ali and Gazi Rahman @ Ali have

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prayed for granting of pre-arrest bail apprehending their arrest in connection with Golakganj

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P.S. Case No.610 of 2018 ( GR No. 2795 of 2018) under Sections 302/34 of the IPC.

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Case diary as called for is placed before the Court.

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Mr. R Phukan, learned counsel for the petitioners submits that the FIR was lodged on suspicion.

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Mr. NJ Dutta, learned Additional Public Prosecutor submits that the case diary reveals

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that the victim herself stated before the Doctor that she herself consumed poisonous substance.

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In this regard, Mr. Dutta has drawn the attention of this Court to the FSL report, dated 10.10.2018, on the viscera of the deceased wherein the Toxologist has reported that the test of the viscera gave positive test for organo phosphorus insecticide.

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Perusal of the case diary reveals that the cause of death of the deceased was prima facie due to consumption of some poisonous insecticide. Perusal of the note of the Investigating Officer, dated 27.07.2018, pursuades this Court to hold the prima facie view that custodial interrogation of the petitioners is not warranted in the interest of further investigation in the case.

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Therefore, it is provided that each of the petitioners shall be released, in the event of their arrest on furnishing bail bond of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

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(i) That the petitioners shall appear before the Investigating Officer within seven days from today;

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(ii) That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; and

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(iii) That the petitioners shall not hamper or tamper with the investigation in any manner and shall co-operate with the investigation.

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Return the case diary.

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The anticipatory bail application stands disposed of.

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JUDGE

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Comparing Assistant

Wahab Ali and 5 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Wahab Ali and 5 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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