Allowed

Ain Uddin Laskar and Anr. v. the State of Assam

Gauhati HC12 Mar 2019AB/374/2019

Case brief

AI extract

What is this about?

Allowed pre-arrest bail to petitioners seeking protection against arrest in a Case under Section 379 IPC read with Assam Forest Regulations, holding investigation nearly complete and custodial interrogation unnecessary, directing release on bail bond.

What did the court decide?

Pre-arrest bail allowed; bail bond of Rs. 20,000 each with suitable surety; appearance before IO within 15 days; non-influencing witnesses.

Ain Uddin Laskar and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2019)

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GAHC010028542019

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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 374/2019

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1:AIN UDDIN LASKAR AND ANR.

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S/O LT. TAJAMUL ALI LASKAR, R/O VILL- RAJGHAT, , PO BHAGA BAZAR, PS DHOLAI, DIST. CACHAR, ASSAM

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2: NAZMUL HOQUE LASKAR S/O LT. ABDUL AZIZ LASKAR R/O VILL RAJGHAT PO BHAGA BAZAR PS DHOLAI DIST. CACHAR ASSAM

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VERSUS 1:THE STATE OF ASSAM REP. BY PP, ASSAM

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 12-03-2019

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Heard Mr. HRA Choudhury, learned senior counsel for the petitioners and Mr. TK Mishra, learned Addl. PP, Assam appearing for the State.

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By this application under Section 438 Cr.P.C., the petitioners, namely, 1. Ain

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Uddin Laskar & 2. Nazmul Hoque Laskar, have prayed for granting pre-arrest bail apprehending arrest in connection with Dholai PS Case No.146/2018 , under Section 379 IPC read with section 40/41/49 of the Assam Forest Regulation.

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Case diary called for is received and perused.

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As per the allegation made in the FIR, on the basis of a secret information, the forest officials seized 1265 numbers of sawn timbers (teak) from the house of one Nazrul Islam Laskar. However, the said FIR named accused Nazrul Islam Laskar had fled away and as such, he could not be arrested.

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Case diary transpires that investigation is almost at the verge of completion and there is no incriminating materials against the present petitioners, inasmuch as, the investigating officer has indicated in the diary that no incriminating materials could be collected against the present petitioners.

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Thus having considered the materials in the case diary and that investigation is almost on the verge of completion, this Court is of the view that custodial interrogation of the aforementioned petitioners may not be necessary for the purpose of investigation of the instant case, and as such, this appears to be a fit case for granting the benefit of pre-arrest bail to the petitioners. Accordingly the prayer for pre-arrest bail is allowed.

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It is provided that, in the event of arrest of the petitioners in connection with the aforementioned case, the petitioners above named shall be released on furnishing a bail bond of Rs.20,000/- each, with a suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions.

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The petitioners shall appear before the Investigating Officer within 15 days and co-operate with the investigation.

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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 him from disclosing such facts to the Court or to any police officer.

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The pre-arrest bail application stands disposed of.

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Send back the case diary.

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J U D G E

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Smita

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Comparing Assistant

Ain Uddin Laskar and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ain Uddin Laskar and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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