Single judge permitted absolute pre-arrest bail to petitioners charged with theft and forest regulation violation where custodial interrogation was found unnecessary as they had already given statements during interim bail.
Interim pre-arrest bail made absolute on same terms and conditions.
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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GAHC010002162019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 22/2019
1:JABBAR ALI AND ANR. S/O SAMSER ALI R/O NIZ GONDHMOW P.S. SUALKUCHI DIST. KAMRUP, ASSAM
2: MD. AMIR HUSSAIN @ AMIR ALI @ PANIA S/O AZNUR ALI R/O NIZ GONDHMOW P.S. SUALKUCHI DIST. KAMRUP ASSA VERSUS 1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 01-04-2019
This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioners, namely, 1) Jabbar Ali, and 2) Md. Amir Hussain @ Pania, in connection with Sualkuchi River PS Case No. 42/2018 under Sections 379/34 IPC read with Sections 24/41 of the Assam Forest Regulation Act, 1891.
Heard Mr. S. Munir, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor for the state respondent.
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Case diary produced has been perused.
On perusal of the materials in the case diary, it does not appear that custodial interrogation of the petitioners is necessary for the purpose of investigation of the case. On the other hand, after obtaining interim pre-arrest bail the petitioners appeared before the investigating officer and got their statements recorded. They are not alleged to have misused the liberty granted to them while availing interim pre-arrest bail. That being so, their prayer for prearrest bail is allowed.
The interim pre-arrest bail granted to the petitioners, vide order dated 7.1.2019 is made absolute on the same terms and conditions. The petition stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be allowed to the petitioners in a case involving theft and violation of forest regulations.
3 provisions across 3 enactments
Jabbar Ali
Md. Amir Hussain @ Pania
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
