Allowed

Sohor Bhanu and 2 Ors. v. the State of Assam

Gauhati HC9 Nov 2022AB/2818/2022

Case brief

AI extract

What is this about?

The Gauhati High Court converted an interim protection order regarding bail into an absolute bail order. The Court observed that custodial interrogation was not necessary, given the petitioners' age and cooperation, and imposed standard bail conditions.

What did the court decide?

Interim protection order dated 23.09.2022 made absolute; bail granted with conditions to cooperate with investigation, appear as required, not leave territorial jurisdiction without permission, and no

Sohor Bhanu and 2 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010195472022

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

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Case No. : AB/2818/2022

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SOHOR BHANU AND 2 ORS W/O LATE ABDUL BAREK VILL- DALOR POTHAR P.S. PATACHARKUCHI DIST. BAJALI

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2: MAJIBAR RAHMAN @ MAJIBAR ALI S/O ABED ALI VILL- HATHINAPUR P.S. PATACHARKUCHI DIST. BAJALI ASSAM

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3: SAHINUR ALAM S/O LATE ABDUL BAREK VILL- DALOR POTHAR P.S. PATACHARKUCHI DIST. BAJAL

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. N UDDIN

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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 MRS. JUSTICE SUSMITA PHUKAN KHAUND

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09.11.2022

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Heard Mr. N. Uddin, learned counsel appearing for the petitioner as well as Ms. N. Das, learned Addl. P.P. appearing for the State.

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This is an application u/s 438 Cr.P.C. praying for pre-arrest bail in connection with Patacharkuchi P.S. Case No. 287/2022, corresponding to G.R. Case No. 401/2022, u/s 120(B)/420/379 IPC.

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It is submitted that the petitioner no. 1 is an old lady and who is 62 years old and the petitioner no. 3’s name is not mentioned in the FIR and it is submitted that a false case has been lodged against the petitioners. After the informant’s husband’s death, the informant handed her Aadhar Card, Pan Card, Voter Card, Bank Passbook to her lawyer who represented her in an MACT case for compensation. The lawyer then handed back the documents to the petitioner no. 1. The informant is reluctant to meet to petitioner no. 1 to bring her documents.

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The learned Addl. P.P. has submitted that the allegation against the petitioner is that they have subjected the informant to cruelty after her husband’s death. The case diary reveals that there are cogent materials against the petitioners. Custodial interrogation of the petitioner is necessary to allow a free hand to the investigating agency. Moreover, the petitioners have retained the Aadhar card, Voter’s identity card, Pan Card etc belonging to the informant.

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I have perused the case diary.

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The informant at present has taken shelter in her parental home. The petitioners are booked Sections 120B/420/379 IPC. The petitioners have co-operated with the investigation.

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I have considered the fact that the age of Sohor Banu who is 62 years. The petitioner Sahinur Alam name is not in the FIR. The investigation has progressed considerably. The petitioners have not violated any bail conditions and therefore, further custodial interrogation does not appear necessary. The order of interim protection granted by this Court vide order

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dated 23.09.2022 is hereby made absolute. ( i ) The petitioners are directed to Co-operate with the investigation. (ii) The petitioners shall appear before the concerned Investigating Officer of Patacharkuchi Police Station Case No. 287/2022 as and when required for necessary investigation of the case; (iii) The petitioners shall not leave the territorial jurisdiction of Patacharkuchi Police Station without prior written permission from the concerned Investigating Officer of said Patacharkuchi P.S. Case; (iv) shall not hamper or tamper with the evidence and (v) The petitioners shall not threat or intimidate the informant and other witnesses acquainted with the case, failing which, the bail granted to him in said Patacharkuchi P.S. Case shall stand automatically vacated.

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Send back the case diary.

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JUDGE

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Comparing Assistant

Sohor Bhanu and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sohor Bhanu and 2 Ors. v. the State of Assam

Case brief

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