The Gauhati High Court granted absolute pre-arrest bail to the petitioner under Section 438 Cr.P.C. finding that the allegations were civil in nature and no adverse report existed, rendering custodial interrogation unnecessary.
Interim pre-arrest bail granted vide order dated 02.01.2020 is made absolute subject to standard conditions.
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GAHC010315582019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 4628/2019
1:SHABDUL ISLAM ALIAS SABDUL ISLAM
S/O HAJRAT ALI ISLAM, R/O VILL-GANDHARIPARA, P.O.-MECHPARA, P.S.BARPETA ROAD, DIST-BARPETA, ASSAM
VERSUS
1:STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. K M HALOI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 08-06-2020
Heard Mr. K.M. Haloi, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the State of Assam.
By this petition under Section 438 Cr.P.C., the petitioner, namely, Shabdul Islam allias Sabdul Islam, has prayed for granting him pre-arrest bail, apprehending arrest in connection with Barpeta PS Case No. 2133/2019 under Sections 420/406/34 of the IPC.
The case diary, as called for, is received.
It may be stated that by order, dated 02.01.2020, the petitioner was granted the privilege of interim pre-arrest bail. There is no adverse report from the investigating officer against the
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petitioner.
The F.I.R. prima facie reveals the allegations between the parties to be of civil in nature, subject, of course, to further investigation.
Having considered the pros and cons of the nature of allegations and further, in absence of any adverse report, this Court finds that custodial interrogation of the petitioner may not be necessary.
Therefore, the interim pre-arrest bail granted vide order, dated 02.01.2020, is hereby made absolute, subject to the conditions (i) that the petitioner shall again appear before the I.O. within 10 days; (ii) that the petitioner shall not hamper or tamper with the investigation in any manner; and (iii) that the petitioner 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.
With the above directions, the petition stands disposed off.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner in a bail loop regarding civil allegations.
Whether custodial interrogation is necessary given the absence of an adverse report.
1 provisions across 1 enactments
Shabdul Islam alias Sabdul Islam
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
