Single bench order granting anticipatory bail application. Court observed custodial interrogation not necessary as petitioners already interrogated. Interim bail made absolute.
Order dated 10.01.2020 granting interim pre-arrest bail made absolute on same terms and conditions.
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GAHC010003972020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 166/2020
1:HASMAT ALI AND 4 ORS.
S/O LATE BASUR ALI, VILL-SATRAKANARA, P.O.-SATRAKANARA BAZAR, P.S.-BAGHBAR, DIST-BARPETA, ASSAM, PIN-781308
2: FAKAR ALI S/O FAJAR ALI VILL-SATRAKANARA P.O.-SATRAKANARA BAZAR P.S.-BAGHBAR DIST-BARPETA ASSAM PIN-781308
3: JAHANGIR HUSSAIN @ JAHANGIR ALI S/O BABAR ALI VILL-SATRAKANARA P.O.-SATRAKANARA BAZAR P.S.-BAGHBAR DIST-BARPETA ASSAM PIN-781308
4: HARNUL RASHID @ HARNUR RASHID S/O BABAR ALI VILL-SATRAKANARA P.O.-SATRAKANARA BAZAR P.S.-BAGHBAR DIST-BARPETA ASSAM PIN-781308
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5: SHUKUR ALI S/O KASHEM ALI VILL-SATRAKANARA P.O.-SATRAKANARA BAZAR P.S.-BAGHBAR DIST-BARPETA ASSAM PIN-78130
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 27-02-2020
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1. Hasmat Ali, 2. Fakar Ali, 3. Jahangir Hussain @ Jahangir Ali, 4. Harnul Rashid @ Harnur Rashid and 5. Shukur Ali, apprehending arrest in connection with Baghbar P.S. Case No. 303/2019 under Section 365/34 IPC.
Heard Mr. S, Ahmed, learned counsel for the petitioners as well as Mr. T.K. Misra, learned Additional Public Prosecutor, appearing for the State of Assam.
Perused the FIR and the documents annexed with the petition and also the case diary produced today.
The petitioners were granted interim pre-arrest bail and they have already been interrogated by the Investigating Officer.
Having considered the materials in the case diary and also that the petitioners have already been interrogated, this court is of the view that custodial interrogation of the petitioners may not be necessary in the interest of investigation. Therefore, the
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order dated 10.01.2020, granting interim pre-arrest bail to the petitioners is hereby made absolute under the same terms and conditions.
This petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim pre-arrest bail granted to the petitioners should be made absolute.
1 provisions across 1 enactments
HASMAT ALI AND 4 ORS.
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
