The Gauhati High Court granted permanent bail to five petitioners facing charges under the IPC in a land mutation dispute, noting that custodial interrogation was unnecessary. The earlier interim bail was made absolute.
Interim bail granted on 02.09.2021 made absolute; bail petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010133072021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2552/2021
SYED MAKIB ALI AND 4 ORS S/O LATE MAFIJ ALI R/O VILL- KACHARI SOLMARI P.O AND P.S. RANGIA DIST. KAMRUP (R), ASSAM, PIN-781354
2: SYED SAMIR ALI S/O LATE NASIR ALI R/O VILL- KACHARI SOLMARI P.O. AND P.S. RANGIA DIST. KAMRUP (R) ASSAM PIN-781354
3: SYED ISLAM ALI S/O LATE NASIR ALI R/O VILL- KACHARI SOLMARI P.O. AND P.S. RANGIA DIST.KAMRUP (R) ASSAM PIN-781354
4: SYED HAMID ALI S/O LATE NASIR ALI R/O VILL- KACHARI SOLMARI P.O. AND P.S. RANGIA DIST. KAMRUP (R) ASSAM PIN-781354
5: SYED PUTUL ALI @ FAIZUL ALI S/O ISLAM ALI R/O VILL- KACHARI SOLMARI P.O. AND P.S. RANGIA
Page No.# 2/3
DIST. KAMRUP (R) ASSAM PIN-78135 VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. J PAUL
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
08.11.2021.
By filing this petition under Section 438 of the CrPC, the five petitioners, namely- (1) Syed Makib Ali, (2) Syed Samir Ali, (3) Syed Islam Ali, (4) Syed Hamid Ali and (5) Syed Putul Ali @ Faizul Ali have sought for pre-arrest bail in connection with the Rangia P.S. Case No.135/2020 (G.R. Case No.301/2020), registered under Sections 143/120B/420/468/ 507/506/427/ 379 the IPC.
Heard learned counsel for both sides and perused the record as well as the case diary produced.
In the FIR, the informant alleged about the mutation made by the petitioners’ side in the land of their father. Various documents, that have been annexed, also reveals that the name of the father of the informant as well as some of the petitioner also entered into the zamabandi. In this regard, one civil case as well as one criminal proceeding under Section 145 CrPC are pending between the parties.
Page No.# 3/3
Taking note of all above, it transpires that the entire aspects lead to the land dispute between the parties and accordingly, it can be inferred that custodial interrogation of the accused/petitioners not warranted.
Accordingly the interim bail, so granted earlier on 02.09.2021 is hereby made absolute. The bail petition stands disposed of.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be made absolute in a land dispute case where custodial interrogation is not warranted.
3 provisions across 2 enactments
Syed Makib Ali and 4 Ors
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
