Petitioners sought preventive bail under Section 438 CrPC in a case involving allegations under Section 498A and 379 IPC. The court noted insufficient evidence to warrant custodial interrogation and converted earlier interim bail to absolute bail.
Interim bail granted earlier to the petitioners is made absolute.
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GAHC010111522021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2101/2021
MOBARAK ALI AND 3 ORS SON OF LATE NILO SHEIKH R/O HOUSE NO. 24, SATGAON, NOWAPARA, P.O. PANJABARI, P.S. SATGAON, DIST. KAMRUP (M), ASSAM
2: ASATUN BEGUM W/O MOBARAK ALI R/O HOUSE NO. 24 SATGAON NOWAPARA P.O. PANJABARI P.S. SATGAON DIST. KAMRUP (M) ASSAM
3: IMADUL ISLAM R/O HOUSE NO. 24 SATGAON NOWAPARA P.O. PANJABARI P.S. SATGAON DIST. KAMRUP (M) ASSAM
4: MARIYAM BEGUM W/O ABUL HUSSAIN R/O VILL- DHEKENABORI CHHAYGAON P.O. AND P.S. CHHAYGAON DIST. KAMRU VERSUS
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THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR M J QUADIR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 04-01-2022
By filing this petition under Section 438 CrPC, the petitioners, namely- Mobarak Ali, Asatun Begum, Imdadul Islam and Mariyam Begum has sought for pre-arrest bail in connection with Satgaon Police Station Case No.208/2021, registered under Section 498A/379 of the IPC.
Heard the learned counsel for the petitioner as well as the learned Addl. Public Prosecutor representing the State. Also gone through the case diary and the documents annexed.
There is no such evidence to reflect the offence u/s 498A of the IPC, save and except the vague statement that the informant was tortured by her husband. That apart, there is no such evidence to support the allegation of theft as averted in the FIR.
Taking note of all the materials of the case diary, this Court is of the opinion that the custodial interrogation of the accused petitioners in the present case is not warranted. Accordingly, the interim bail granted earlier to the petitioners is hereby made absolute.
Return the case diary.
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JUDGE
Comparing Assistant
2 issues framed by the court
Whether interim bail granted to petitioners under Section 438 CrPC should be made absolute given the lack of evidence for the offence under Section 498A IPC and theft.
Whether custodial interrogation of the accused is warranted in the facts of the case.
3 provisions across 2 enactments
Mobarak Ali and 3 Ors
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
