In an anticipatory bail petition under Section 438 Cr.P.C. regarding cruelty to animals, the Gauhati High Court made the petitioner's interim protection absolute upon finding that he cooperated with the investigation despite owning the vehicle involved.
The interim protection granted on 17-01-2022 was made absolute on the same terms and conditions.
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.
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GAHC010006542022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/108/2022
NURZAMAN AHMED
S/O PEER MOHAMMAD BEPARI, R/O BELGURI PT.I, P.S. AGOMANI, DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M KHAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
07-02-2022
The Court proceedings have been conducted through Video-Conference due to Covid-19 pandemic.
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Nurzaman Ahmed , apprehending arrest in connection with Golakganj Police Station Case No. 1246 of 2021 , registered under Section 279/379 of the IPC, read with Section 11(1)(a)(b)(d) of the Prevention of Cruelty to Animals Act .
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Heard Mr. M. Khan, learned counsel appearing for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor.
The case diary produced has been perused.
The petitioner is on interim protection. On perusal of the case diary it appears that the petitioner appeared before the Investigating Police Officer after he was granted interim protection and co-operated with the investigation of the case. On the other hand, there is no instance that the petitioner has misused the liberty granted to him while availing interim protection granted to him. Mr. Gogoi, learned Additional Public Prosecutor has submitted, referring to the materials in the case diary, that the petitioner is the owner of the vehicle in which two bullocks were found although the petitioner has taken the plea that the driver has committed the offence.
Considering the fact that the petitioner has co-operated with the investigation of the case, the interim protection granted to the him, vide order dated 17-012022, is made absolute on the same terms and conditions.
The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to make interim protection before arrest absolute in a bail application under Section 438 Cr.P.C.
3 provisions across 3 enactments
Nurzaman Ahmed
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
