This order grants pre-arrest bail to the petitioner, Sirajul Hoque, in a case involving alleged breach of provisions under Section 379 IPC and Section 7(ii) of the Essential Commodities Act, 1955, subject to standard conditions.
Petitioner released on pre-arrest bail of Rs. 10,000/- with one surety of the like amount, subject to specific conditions.
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GAHC010275082019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 4000/2019
1:SIRAJUL HOQUE
S/O JAMAL SHEIKH, R/O KURSHAKAT, P.O.-RANIGANJ, P.S.-SAPAT GRAM, DIST-DHUBRI, ASSAM, PIN-783345
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR F HAQUE
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 03-12-2019
Heard Mr. F. Haque, learned counsel for the petitioner and Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam appearing on behalf of the State.
By this petition under Section 438 Cr.P.C., the petitioner, namely, Sirajul Hoque, has
prayed for granting them pre-arrest bail, apprehending arrest in connection with Sapatgram PS Case No. 121/2017 (Corresponding to G.R. Case No. 1014/2017) under Section 379 of the IPC read with Section 7(ii) of 7 Essential Commodities Act, 1955.
The case diary as called for, is placed before the Court.
Mr. F. Haque, learned counsel for the petitioner submits that based on an F.I.R. lodged
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by Police Officer, the aforesaid case was registered. Mr. Hoque further submits that the allegation of breach of the provisions of the special statute is not correct.
Mr. M.P. Goswami, learned Addl. Public Prosecutor, submits that the prime accused, namely, Moslem Ali has already been released on bail by this Court and on the other hand, the case diary does not indicate the petitioner’s involvement in the commission of the alleged offence, subject, of course, to further investigation.
In view of the above and on being satisfied after perusal of the case diary, it is provided that in the event of arrest the petitioner, namely Sirajul Hoque , shall be released on pre-arrest bail of Rs. of Rs. 10,000/- (Rupees Ten Thousand) only with one surety of the like amount to the satisfaction of the Arresting Authority, subject, of course, to the following conditions:
With the above directions, the bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail shall be granted to the petitioner apprehending arrest in connection with an offence under Section 379 IPC read with Section 7(ii) of 7 Essential Commodities Act, 1955.
3 provisions across 3 enactments
Sirajul Hoque
State of Assam represented by the Public Prosecutor, Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
