The Gauhati High Court disposed of an anticipatory bail application. The interim bail granted earlier was made absolute, incorporating specific conditions regarding appearance, jurisdiction, non-interference with investigation, and no inducement.
The interim pre-arrest bail dated 15.06.2022 was made absolute subject to five specific 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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GAHC010114962022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1632/2022
AHADUL ISLAM S/O HAZRAT ALI VILL- SAPAT KARA P.O. GERUAAATI P.S. SAMAGURI DIST. NAGAON, ASSAM
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS S S ZIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 09.09.2022
Heard Ms. S. S. Zia, the learned counsel appearing on behalf of the Petitioner and Mr. B. B. Gogoi, the learned Additional P.P. appearing on behalf of the Respondent.
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By this petition under Section 438 Cr.P.C. the privilege of interim pre-arrest bail which have been sought for by the Petitioner apprehending arrest in connection with Sonapur P.S. Case No.116/2022 registered under Section 120(B)/379/411 IPC read with Section 11(a)(b)(d) of Prevention of Cruelty of Animal Act, 2000, read with Section 13(1) of the Assam Cattle Prevention Act, 2021.
This Court vide an order dated 15.06.2022 had granted interim pre-arrest bail to the Petitioner subject to furnishing a bail bond of Rs.30,000/- with one surety of like amount to the satisfaction of the arresting authority, subject to the conditions stated therein.
It has been submitted by the learned Additional P.P. that the Petitioner has duly appeared before the Investigating Officer in terms with the said order. It has also been brought to the attention of this Court by the learned counsel for the Petitioner that in Criminal Appeal No.60/2022, the Court of the Additional Sessions Judge No.3, (FTC), Kamrup (M), Guwahati has granted the Zimma in respect to the Cattles in question involved in the instant case upon execution of a bond of Rs.40,000 each of the seized cattle and on furnishing of the original purchase receipts. It has been also submitted by the learned counsel appearing on behalf of the Petitioner that the Petitioner has already got the Zimma of the cattles in question in compliance to the judgment dated 22.08.2022 passed in Criminal Appeal No.60/2022.
Considering the above, this Court is of the opinion that the interim prearrest bail which has been granted vide the order dated 15.06.2022 can be made absolute on the same terms and conditions as it stood.
Accordingly, the instant application stands disposed of thereby making the interim pre-arrest bail dated 15.06.2022 absolute subject to the conditions
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hereinbelow.
If the accused repeats any of the incident as has been alleged in the FIR dated 27.05.2022, the Investigating Officer shall be at liberty to file appropriate application for cancellation of the Bail.
The AB stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim pre-arrest bail granted to the petitioner should be made absolute.
4 provisions across 4 enactments
Ahadul Islam
The State of Assam
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
