In a bail application under Section 438 CrPC, the Gauhati High Court made interim protection absolute for four petitioners apprehending arrest in a violent assault case, imposing standard co-operation conditions.
Interim protection granted by order dated 20.06.2022 made absolute subject to conditions of co-operation and non-interference.
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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GAHC010117512022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1694/2022
TOMSER ALI AND 3 ORS S/O LATE MOJIBAR RAHMAN RESIDING AT VILL- SAKTOLA P.O. AOLATOLI, P.S. LAKHIPUR DIST. GOALPARA, ASSAM
2: MOFIDUL ISLAM @ MOHIZ ALI S/O LATE MOJIBAR RAHMAN RESIDING AT VILL- SAKTOLA P.O. AOLATOLI P.S. LAKHIPUR DIST. GOALPARA ASSAM
3: SOFIKUL ISLAM S/O TOMSER ALI RESIDING AT VILL- SAKTOLA P.O. AOLATOLI P.S. LAKHIPUR DIST. GOALPARA ASSAM
4: JOSER ALI @ TOSER ALI S/O SOKUM UDDIN RESIDING AT VILL- SAKTOLA P.O. AOLATOLI P.S. LAKHIPUR DIST. GOALPARA ASSA VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
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Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
10.08.2022
Heard Mr. J. Ahmed, learned counsel for the petitioners and Mr. K.K. Parasar, learned Additional Public Prosecutor for respondent State of Assam.
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[i] the petitioners shall co-operate with the investigation and make himself available for interrogation whenever required by the I.O. of the case; [ii] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer; and
[iii] the petitioners shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
The bail application stands disposed of in the aforesaid terms.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail in connection with an assault case.
Whether custodial interrogation of the petitioners is necessary at this stage of the investigation.
2 provisions across 2 enactments
Tomser Ali and 3 Ors
State of Assam rep. by the PP, Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
