Allowed

Mozid Ali and Anr. v. the State of Assam

Gauhati HC6 Dec 2018AB/2731/2018

Case brief

AI extract

What is this about?

The High Court converted an interim pre-arrest bail order to absolute bail for petitioners involved in a family dispute case regarding land, directing them to cooperate with police, not tamper with evidence, and not intimidate witnesses.

What did the court decide?

Interim pre-arrest bail granted on 04.09.2018 made absolute subject to conditions of availability, non-tampering with evidence, and non-intimidation of witnesses.

Mozid Ali and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010193662018

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THE GAUHATI HIGH COURT

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

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Case No. : AB 2731/2018

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1:MOZID ALI AND ANR.

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S/O- AYNAL HOQUE, VILL- MONIRCHAR BOIDARGAON, P.S. SOUTH SALMARA, DIST- SOUTH SALMARA MANKACHAR, ASSAM

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2: MOZIBUL HOQUE S/O- AYNAL HOQUE VILL- MONIRCHAR BOIDARGAON P.S. SOUTH SALMARA DIST- SOUTH SALMARA MANKACHAR ASSA

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VERSUS

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1:THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MR. I ALAM

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 06-12-2018

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Heard Mr. P. Sheikh, learned counsel for the petitioners. Also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam for the State.

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This application under Section 438 Cr.P.C. has been filed by the petitioners, namely Mozid Ali and Mozibul Haque praying for pre-arrest bail in connection with South Salmara P.S. Case No. 103/2018 (Corresponding to G.R. Case No. 1980/2018) registered under Sections 448/427/354/325/324/34 IPC.

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The case diary as called for is not placed before the Court.

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Mr. P. Sheikh, learned counsel for petitioners, submits that the occurrence took place due to family disputes over a plot of land and no injury was caused to the victim as reflected in the order dated 13.062018, passed by the learned Addl. Chief Judicial Magistrate. Mr. Sheikh also submits that in terms of the interim order dated 04.09.2018, the petitioners appeared before the I.O. and their statements were recorded under Section 161 Cr.P.C.

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Ms. A. Begum, learned Addl. Public Prosecutor, Assam submits that although the case diary is not received, however, from the order, dated 13.06.2018, passed in GR Case No. 1983/2018, the learned Addl. CJM, Dhubri found no injury caused to the victim. Therefore, the prayer for pre-arrest bail may be considered subject to suitable conditions.

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In the facts and circumstances of the case and the submissions made by the learned counsels for both the parties, this court is of the opinion that custodial interrogation of the petitioners is not necessary. Therefore, the interim pre-arrest bail granted in favour of the petitioners vide order dated 04.09.2018 is made absolute subject to the conditions (i) that they shall make themselves available for investigation by the police officer as and when requried; (ii) that they shall not hamper or tamper with any evidence of the case and (iii) that they shall not threat or intimidate the witnesses acquainted with the facts of the case.

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The pre-arrest bail application accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Mozid Ali and Anr. v. the State of Assam

Case brief

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Mozid Ali and Anr. v. the State of Assam

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