Allowed

Md. Abdus Subur Ahmed v. the State of Assam

Gauhati HC6 Oct 2021AB/2347/2021

Case brief

AI extract

What is this about?

The court granted pre-arrest bail to the petitioner in a case involving conspiracy, cheating, and criminal breach of trust, observing that the Department itself found no sufficient implicating material requiring custodial interrogation.

What did the court decide?

Pre-arrest bail granted on furnishing a bail bond of Rs.10,000 with a suitable surety, subject to specific conditions regarding investigation cooperation.

Md. Abdus Subur Ahmed Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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GAHC010120982021

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

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Case No. : AB/2347/2021

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MD. ABDUS SUBUR AHMED SON OF BISHA SHEIKH R/O VILL- BARBHITHA P.S. KALGACHIA DIST. BARPETA, ASSAM PIN CODE -781319

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VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MS. T SOM

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Advocate for the Respondent : PP, ASSAM

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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06-10-2021

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This is an application made under Section 438 Cr.P.C., seeking prearrest bail of the accused-petitioner, namely, Md. Abdus Subur Ahmed , in connection with B.I.(E.O.) P.S. Case No.14/2021 , registered under Sections 120(B)/420/406 of the Indian Penal Code, read with Section 7 of the E.C. Act.

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Heard Ms. Tinku Som, learned counsel for the petitioner. Also heard

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Mr. Bankim Sarma, learned Additional Public Prosecutor, Assam for the Respondent State.

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Case diary produced has been perused.

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Mr. Sarma, learned Additional Public Prosecutor has also perused the case diary and, in accordance with the order dated 4.10.2021, apprised the Court about the materials in the case diary. He has also referred to an inspection note given by one Senior Inspector of Cooperative Department dated 17.6.2021 and it is found from such note that there is no such implicating materials against the petitioner requiring his custodial interrogation. Since, it is from the Department itself that materials are not sufficient against the petitioner, this Court is inclined to grant the privilege of pre-arrest bail to the petitioner and, hence, granted.

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Accordingly, it is provided that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on bail on his furnishing bail bond of Rs.10,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority.

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The direction for pre-arrest bail is subject to the conditions that the petitioner :

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(a) shall appear before the Investigating Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation;

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(b) shall not hamper with the investigation, or tamper with the evidence of the case;

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(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

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dissuade him from disclosing such facts to the Court or to any police officer.

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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Md. Abdus Subur Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Abdus Subur Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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