Partly allowed

Shahad Ali @ Sahad Ali and Anr. v. the State of Assam

Gauhati HC3 Mar 2022AB/214/2022

Case brief

AI extract

What is this about?

Bench granted pre-arrest bail to petitioner No.2 (wife) in NDPS case due to no material for custodial interrogation but rejected similar plea for petitioner No.1 (husband) on account of evidence suggesting his involvement and escape from the scene.

What did the court decide?

Bail granted to petitioner No.2 on furnishing bond of Rs.20,000 with surety; plea of petitioner No.1 rejected.

Shahad Ali @ Sahad Ali and Anr. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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GAHC010012632022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/214/2022

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SHAHAD ALI @ SAHAD ALI AND ANR S/O KARIM BOKHS R/O VILL- ROWA PT.II P.S. DHUBRI DIST. DHUBRI, ASSAM

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2: SURATON KHATUN @ SURAN BIBI W/O SHAHAD ALI @ SAHAD ALI R/O VILL- ROWA PT.II P.S. DHUBRI DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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03-03-2022

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This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the accused-petitioners, namely, 1) Shahad Ali @ Sahad Ali, and 2) Suraton Khatun @ Suran Bibi, in connection with Dhubri P.S. Case No.969/2021 registered under Section 21 (b) of the NDPS Act .

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Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. M.I. Hussain, learned counsel for the petitioners. Also heard the objection raised by Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, for the respondent.

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Perused the case diary produced including the copy of the FIR and the forwarding report. It appears from the materials so far available before this Court that the contraband allegedly seized in connection with this case was seized from the house of the petitioner No.1- Shahad Ali @ Sahad Ali, who allegedly escaped from the scene of occurrence seeing the police personnel. The materials also suggest that he had fled away from the place of occurrence along with his wife-petitioner No.2. The materials also suggest that the recovery of the contraband was made from the house of the petitioner No.1 - Shahad Ali @ Sahad Ali.

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I have considered the entire facts revealed by the materials in the case diary and is of the view that there is sufficient material showing involvement of the petitioner No.1- Shahad Ali @ Sahad Ali with the commission of the alleged offences, and therefore, the prayer for pre-arrest bail of petitioner No.1 is rejected.

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So far petitioner No.2 - Suraton Khatun @ Suran Bibi is concerned, apart from the facts that she is the wife of petitioner No.1, there is no such material requiring her custodial interrogation. That being so, the petitioner No.2 - Suraton Khatun @ Suran Bibi is granted the privilege of pre-arrest bail.

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Accordingly, it is provided that in the event of arrest of the petitioner No.2 above named, in connection with the case aforementioned, she shall be released on bail on her furnishing bail bond of Rs.20,000/-, with a suitable surety of the like amount, to the satisfaction of arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioner No.2 :

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(a) shall appear before the Investigating Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation;

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(b) shall not hamper with the investigation, or tamper with the evidence of the case;

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(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Shahad Ali @ Sahad Ali and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Shahad Ali @ Sahad Ali and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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