The Gauhati High Court allowed an application filed under Section 438 CrPC for pre-arrest bail. The court noted doubts due to the one-month delay in FIR registration but granted bail with conditions.
The pre-arrest bail application stood allowed and the earlier interim bail order was made absolute subject to continuing cooperation with investigation.
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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GAHC010128622022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1808/2022
SHAHADAT ALI AND 3 ORS SON OF LATE MOYNUDDIN VILL- DHARMAPUR, P.S. ALOPATI DIST. BARPETA, ASSAM
2: MOMINA KHATUN W/O LATE MOYNUDDIN VILL- SUTARPARA P.S. MATIA DIST. GOALPARA ASSAM
3: KOHINUR ISLAM S/O LATE MOYNUDDIN VILL- SUTARPARA P.S. MATIA DIST. GOALPARA ASSAM
4: MOFIDUL ISLAM SON OF LATE MOYNUDDIN VILL- SUTARPARA P.S. MATIA DIST. GOALPARA ASSA VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M K HUSSAIN
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Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
03.08.2022
Heard Shri MK Hussain, learned counsel for the petitioners, namely, 1. Shahadat Ali 2. Momina Khatun 3. Kohinur Islam and 4. Mofidul Islam, who have filed this application under Section 438 CrPC seeking pre-arrest bail in connection with Matia PS Case No. 41/2022 registered under Sections 363 / 34 IPC.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the pre-arrest bail application under Section 438 CrPC deserves to be allowed given the delay in lodging the FIR and the nature of allegations?
1 provisions across 1 enactments
Shahadat Ali and 3 Ors
The State of Assam Rep. by the PP, Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
