Allowed

Azad Ali and Anr. v. the State of Assam

Gauhati HC13 Nov 2018AB/3057/2018

Case brief

AI extract

What is this about?

This single judge order granted pre-arrest bail to petitioners charged with murder. The court held that custodial interrogation was unnecessary as witnesses did not allege involvement in the assault, especially after a co-accused was granted bail.

What did the court decide?

Pre-arrest bail granted. Petitioners directed to appear within 7 days. Bail bond of Rs. 20,000/- each with one surety approved.

Azad Ali and Anr. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010218502018

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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 3057/2018

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1:AZAD ALI AND ANR.

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S/O JELAL JUGANI, VILL. DHENAR KUTI, P.S. SOUTH SALMARA, DIST. SOUTH SALMARA MANKACHAR (ASSAM)

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2: PIYAR ALI

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S/O HAZRAT ALI VILL. DHENAR KUTI P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR (ASSAM

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VERSUS

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1:THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.

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Advocate for the Petitioner : MR. S MUNIR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 13-11-2018

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This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioners, namely, 1) Azad Ali, and 2) Piyar Ali, in connection with South Salmara PS Case No. 89/2018 under Sections 302/34 IPC.

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Heard Mr. S. Rana, learned counsel for the petitioners as well as Mr. R.J. Baruah, learned Additional Public Prosecutor for the state respondent.

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This is the 2^nd pre-arrest bail application of the petitioners. The 1^st application was rejected

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Page No.# 2/2

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by this court, vide order dated 18.7.2018, in AB 1981/2018. I have perused the case diary today.

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On perusal of the case diary, particularly the evidence of the witnesses, it appears that none of the witnesses are heard saying that the present petitioners involved with the assault on the deceased. The evidence shows the persons who had assaulted the deceased. The witnesses are found to have stated that these two petitioners were present at the place of occurrence, but, they did not assault the deceased. That being so, in the considered view of this court, custodial interrogation of the present petitioners is not necessary. On the other hand, a coaccused has already been granted the pre-arrest bail by a co-ordinate bench of this court, vide order dated 26.9.2018, in AB 2189/2018. Such being the position, the present petitioners are granted the privilege of pre-arrest bail.

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Accordingly, the petitioners shall appear before the investigating police officer within 7 (seven) days from today so as to enable the investigating officer to record their statements, and, in the event of their arrest, they shall be released on furnishing a bail bond of Rs. 20,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority, on the following conditions:

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(1) The petitioners shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-incharge,

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(2) The petitioners shall not hamper with the investigation, or tamper with the evidence of the case, and

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(3) 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 them from disclosing such facts to the Court or to any police officer.

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The petition stands disposed of. Return the case diary.

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JUDGE

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Comparing Assistant

Azad Ali and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Azad Ali and Anr. v. the State of Assam

Case brief

What is this about?

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What the court decided

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