Allowed

Akram Ali @ Sofidul Islam and 2 Ors. v. the State of Assam

Gauhati HC12 Mar 2019AB/441/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to accused-petitioners in an abetment of suicide case. The court found no material against them regarding abetment and considered custodial interrogation unnecessary as they were cooperating with the investigation. The earlier interim bail was made absolute.

What did the court decide?

Interim pre-arrest bail granted on 19.02.2019 made absolute and case disposed. Application to return case diary allowed.

Akram Ali @ Sofidul Islam and 2 Ors. Vs the… — Murder and Culpable Homicide | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010034912019

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

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Case No. : AB 441/2019

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1:AKRAM ALI @ SOFIDUL ISLAM AND 2 ORS. S/O LATE ABDUS KADDUS @ KUDDUS ALI, R/O VILLAGE TAKIMARI, PS LAKHIPUR, DIST. GOALPARA, ASSAM, PIN-783129

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2: SAMAN ALI S/O LATE ABDUS KADDUS @ KUDDUS ALI R/O VILLAGE TAKIMARI PS LAKHIPUR DIST. GOALPARA ASSAM PIN-783129

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3: MONOWAR HUSSAIN S/O LATE ABDUS KADDUS @ KUDDUS ALI R/O VILLAGE TAKIMARI PS LAKHIPUR DIST. GOALPARA ASSAM PIN-78312

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VERSUS

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

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Advocate for the Petitioner : MR F HAQUE

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 12-03-2019

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This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1. Akram Ali @ Sofidul Islam, 2. Saman Ali and 3. Monowar Hussain, in connection with Lakhipur PS Case No. 81/2019 registered under Sections 306/114 of the IPC.

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Heard Mr. F Haque, learned counsel for the accused-petitioners as well as Mr. TK Mishra, learned Additional Public Prosecutor, appearing for the State of Assam.

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Perused the case diary produced before this court.

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From the materials in the case diary, it appears that the deceased committed suicide. But, so far the element of abetment is concerned, there is no such material against the accused-petitioners. On the other hand, after obtaining interim pre-arrested bail, vide order dated 19.02.2019, the accused-petitioners appeared before the Investigating Police Officer and have been co-operating with the investigation of the case and as such, their custodial interrogation is not essential for the purpose of investigation of this case. That being so the accused-petitioners are granted the privilege of prearrest bail.

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Accordingly, the interim pre-arrest bail granted to the accused-petitioners, on 19.02.2019, is made absolute on the same terms and conditions.

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This petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Akram Ali @ Sofidul Islam and 2 Ors. v. the State of Assam

Case brief

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Akram Ali @ Sofidul Islam and 2 Ors. v. the State of Assam

Case brief

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