Allowed

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

Gauhati HC27 Nov 2019AB/3635/2019

Case brief

AI extract

What is this about?

The Gauhati High Court considered an application for pre-arrest bail under Section 438 Cr.P.C. regarding charges of cutting jute. After reviewing the FIR and interim proceedings, the Court held custodial interrogation was unnecessary and made the existing interim bail absolute.

What did the court decide?

The interim pre-arrest bail granted by the order dated 24.10.2019 is made absolute subject to previous conditions.

Jehad Ali and 5 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2019)

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GAHC010254792019

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

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Case No. : AB 3635/2019

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1:JEHAD ALI AND 5 ORS.

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S/O HASEN MUNCHI, R/O VILL-SUAPATA PT-III, P.O. AND P.S.-BILASIPARA, DIST-DHUBRI, ASSAM, PIN-783348

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2: HAKKE SK S/O HASEN MUNCHI R/O VILL-SUAPATA PT-III P.O. AND P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783348

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3: HAKIM UDIN @ HAKIM ALI S/O EMAN SARKAR R/O VILL-SUAPATA PT-III P.O. AND P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783348

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4: NUR UDIN S/O HAKKE SK R/O VILL-SUAPATA PT-III P.O. AND P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783348

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5: JAHANUR HAQUE S/O HAKKE SK R/O VILL-SUAPATA PT-III

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P.O. AND P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-783348

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6: JOSMOT ALI S/O HASEN MUCHI R/O VILL-SUAPATA PT-III P.O. AND P.S.-BILASIPARA DIST-DHUBRI ASSAM PIN-78334

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VERSUS

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1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 27-11-2019

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Heard Mr. M.U. Mondal, learned counsel for the petitioners. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State.

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By this application under Section 438 of the Cr.P.C., the petitioners namely, 1) Jehad Ali, 2) Hakke Sk, 3) Hakim Uddin @ Hakim Ali, 4) Nur Udin, 5) Jahanur haque and 6) Josmot Ali have prayed for pre-arrest bail apprehending their arrest in connection with Chunari P.S. Case No. 10/2019 registered under Sections 379/34, I.P.C.

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Case diary called for, has been received and the same is perused. Also perused the contents of the FIR dated 20.08.2019 wherein, the present petitioners are named.

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Primarily the allegation made against the petitioners is that the petitioners allegedly cut jute from the land which allegedly belong to the informant. The contentions of the

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petitioners, on the other hand, are that the said land belongs to them and they have been cultivating jute in the same plot of land since a long time. The FIR itself reflects that the matter was sought to be compromised but that did not happen.

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Pursuant to the interim order dated 24.10.2019, all the petitioners had appeared before the I.O. and have been cooperating with the investigation of the case.

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Upon consideration of the nature of the allegations made and the progress of investigation made so far, this Court is of the view that custodial interrogation of the petitioners in connection with Chunari P.S. Case No. 10/2019 is not necessary for the purpose of further investigation of the case.

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In view of the same, the interim protection of pre-arrest bail granted to the 6 (six) petitioners herein by the order dated 24.10.2019 is hereby made absolute, subject to the conditions already indicated in the order dated 24.10.2019.

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The bail application stands disposed of in the aforesaid terms.

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JUDGE

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Comparing Assistant

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

Case brief

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

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