The Gauhati High Court, in the second application for pre-arrest bail under Section 438 CrPC in a murder case, rejected the petitioners' plea due to sufficient incriminating materials in the case diary and directed them to surrender within 15 days.
Bail prayed for is rejected; Petitioners directed to surrender within 15 days.
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GAHC010025432019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 331/2019
1:ALAUDDIN SK. AND ANR. S/O- LT IMAN ALI, R/O- VILL- KACHOKHANA, P.S. TAMARHAT, DISTDHUBRI, ASSAM, PIN- 783334
2: AUWAL UDDIN @ AWAL UDDIN SK S/O- LT IMAN ALI R/O- VILL- KACHOKHANA P.S. TAMARHAT DIST- DHUBRI ASSAM PIN- 78333 VERSUS 1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. A RAHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 12-03-2019
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1. Alauddin Sk. and 2. Auwal Uddin @ Awal Uddin Sk., in connection with Tamarhat PS Case No. 252/2017 registered under Sections 143/341/342/379/302 of the IPC.
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Heard Mr. A Rahman, learned counsel for the accused-petitioners as well as Mr. TK Mishra, learned Additional Public Prosecutor, appearing for the State of Assam.
Perused the case diary produced before this court.
This is a 2nd application for pre-arrest bail of the accused-petitioners. The earlier application was rejected by this court vide order, dated 02.05.2018 passed in AB No. 1005/2018.
On perusal of the materials in the case diary, it is found that there are sufficient incriminating materials against the accused-petitioners with the commission of the alleged offence under Section 302 of the IPC. That being so, the materials in the case diary remaining the same, this court is not inclined to grant the privilege of pre-arrest bail to the accused-petitioners. Therefore, the prayer stands rejected.
The accused-petitioners shall surrender before the Investigating Police Officer within 15 (fifteen) days from today.
This petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail in a maintenance of order proceeding under Section 438 CrPC during a murder investigation.
Whether the existence of incriminating materials in the diary diary precludes the grant of anticipatory bail.
Whether the petitioners should be directed to surrender within the stipulated period.
1 provisions across 1 enactments
ALAUDDIN SK. AND ANR.
THE STATE OF ASSAM
HITESH KUMAR SARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
