In bail application under IPC sections for forgery and cheating, the High Court held that granting bail may hamper investigation. Petition rejected as petitioner is booked in connection lodging false certificates.
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GAHC010199702022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2891/2022
ABDUL KADER JILANI
S/O- LATE ABED ALI, R/O- VILL. NO. 2 DHUPURI, P.S. MANIKPUR, DIST. BONGAIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. R CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 11-11-2022
Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Addl. P.P. for the State of Assam.
The petitioner Abdul Kader Jilani has prayed for pre-arrest bail in connection with Manikpur P.S. Case No. 155/2022 under Sections 120(B)/420/468/471 IPC.
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It is submitted that the petitioner is ready to co-operate with the investigation as he is a Loan Recovery Executive. It is also submitted that during recovery of loan the borrowers who were enraged against the petitioner have foisted a case against him.
The learned Addl. P.P. Mr. K.K. Parasar has raised serious objection. It is submitted that an FIR was lodged alleging that 32 Nos. of forged blank birth certificates, school blank certificates were received from the possession of the petitioner.
I have perused the Case Diary. I have perused the charge and seizure list tagged along with the Case Diary. I have considered the nature and gravity of the offence. The petitioner is booked under Sections 120(B)/420/468/471 of the IPC. I have considered the impact that may be caused by issuance of such false certificates. I have considered the nature of the alleged offence. I am not inclined to grant pre-arrest bail, as such an order may affect the investigation. Petition is rejected at this stage.
Send back the Case Diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner in the case of forgery and cheating.
Whether the delay cause of justice warrants release on bail despite the gravity of the offence.
1 provisions across 1 enactments
ABDUL KADER JILANI
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
SUSMITA PHUKAN KHAUND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
