The Gauhati High Court disposed of an anticipatory bail application under Section 438 CrPC. The court rejected the prayer for pre-arrest bail in a theft case involving power transformers, citing sufficient complicity of the petitioners and the interest of investigation.
Prayer for pre-arrest bail of petitioners rejected. Application disposed.
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GAHC010171862021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3331/2021
YAKUB ALI AND ANR SON OF SHOIJUDDIN R/O VILL- KUKURMARA, PT.I, P.S. MANKACHAR, DSIT. SOUTH SALMARA MANKACHAR, ASSAM
2: SAHAJAHAN SK.@ SHAHAJAMAL SK. S/O SHOMSER ALI
VILL- KUKURMARA PT.I P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSA
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M KHAN
Advocate for the Respondent : PP, ASSAM
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BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
12.11.2021
By this bail application under Section 438 CrPC, petitioners, namely, 1) Yakub Ali and 2) Sahajahan @ Shahajmal Sk., have sought for pre-arrest bail in the event of their arrest in connection with Mankachar PS Case No. 844/2018, under Sections 379/34 IPC.
Heard the learned counsel for both the parties.
I have also perused the record and the Case Diary.
On perusal of the Case Diary, it reveals that out of the two power transformers of Electricity Department, one has been recovered from the premises of Yakub Ali, petitioner No. 1, which was stated to have been brought by another accused, Shahjamal Sk., petitioner No. 2.
There being sufficient complicity of the petitioner with the offence alleged and for the interest of investigation, the prayer for pre-arrest bail of the petitioners stand rejected.
The Anticipatory Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted in a case involving theft of power transformers where sufficient complicity is shown.
Whether the interest of justice requires the rejection of anticipatory bail in connection with Section 379 IPC charge.
1 provisions across 1 enactments
YAKUB ALI AND ANR SON OF SHOIJUDDIN R/O VILL- KUKURMARA, PT.I, P.S. MANKACHAR, DSIT. SOUTH SALMARA MANKACHAR, ASSAM
SAHAJAHAN SK.@ SHAHAJAMAL SK. S/O SHOMSER ALI
THE STATE OF ASSAM REP. BY THE PP, ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
