Single judge order granting pre-arrest bail to petitioner in a murder case. Court held that though the offence is serious, petitioner is not implicated in assaulting the deceased based on case diary.
Petitioner granted pre-arrest bail on furnishing bail bond of Rs. 20,000/- with one suitable surety of like amount to the satisfaction of arresting authority.
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GAHC010039342019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 527/2019
1:BAHAUDDIN HAZARI
S/O- LATE RAHIMUDDIN HAZARI, R/O- GOBINDAPUR PART-I, P.ODUNGRIPARA, P.S- SONAI, DIST- CACHAR, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR P BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 04-04-2019
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the petitioner, namely, Bahauddin Hazari, in connection with Sonai PS Case No. 314/2017 registered under Sections 147/148/149/325/341/326/506/302 of the IPC.
Heard Mr. P Borah, learned counsel for the petitioner as well as Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State of Assam.
Perused the case diary produced before this court.
It is a very serious offence of causing death of 2 (two) persons allegedly committed by the accused persons in the instant case. However, on perusal of the case diary, there is no instance that
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the present petitioner assaulted any of the deceased. That being so, the petitioner is granted the privilege of pre-arrest bail.
The accused-petitioner will appear before the Investigating Police Officer within a period of 7 (seven) days from today, and, in the event of his arrest, he shall be released on furnishing a bail bond of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority, on the following conditions:-
This petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case involving causing death of two persons where he is not alleged to have assaulted the deceased.
1 provisions across 1 enactments
Bahauddin Hazari
The State of Assam Rep. by the PP, Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
