Allowed

Abdur Rashid Sheikh @ Abdur Rashid Sk v. the State of Assam

Gauhati HC13 Dec 2022AB/3240/2022

Case brief

AI extract

What is this about?

In an application for anticipatory bail under Section 438 CrPC in a criminal case involving murder and assault, the Gauhati High Court granted pre-arrest bail to the petitioner. The court held that based on the case diary, the petitioner's name was not mentioned by the injured in making out the accused list, and custodial interrogation was not necessary for further investigation.

What did the court decide?

Petitioner to be released on bail on furnishing bond of ₹ 25,000/- with one local surety, upon arrest.

Abdur Rashid Sheikh @ Abdur Rashid Sk Vs the… — Murder and Culpable Homicide | Gauhati HC (2022)

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Page No. 1/3

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GAHC010222892022

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THE GAUHATI HIGH COURT

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

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Case No. : AB/3240/2022

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ABDUR RASHID SHEIKH @ ABDUR RASHID SK S/O KADAM ALI SHEIKH R/O CHIRAKUTA PT.I P.O. CHIRAKUTA P.S. CHAPAR PIN-783348 DIST. DHUBRI, ASSAM

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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. M A ISLAM

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 13-12-2022

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Heard Mr. J. Islam, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

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By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Abdur Rashid Sheikh @ Abdur Rashid Sk has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Bilasipara Police Station Case no. 265/2022, registered for offence punishable under Sections

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Page No. 2/3

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447/427/325/326/302/34, Indian Penal Code [IPC].

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As per the First Information Report [FIR], lodged on 22.08.2022, 12 [twelve] nos. of accused persons, named therein, along with 30 [thirty] other unknown miscreants had attacked the family members of the informant including his elder brother, Sapiluddin Sk. and two nephews, Ikramul Hoque and Akinur Hoque. According to the informant, the assailants used deadly weapons like daos, axes, etc. Amongst the 12 nos. of accused persons named in the FIR, the name of the petitioner herein has figured as accused no. 12. The accused persons had allegedly attacked the members of the informant’s family with regard to a plot of land, described in the FIR.

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Mr. Islam, learned counsel for the petitioner has submitted that the petitioner was not amongst the assailants.

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Mr. Sarma, learned Additional Public Prosecutor who has received the case diary, has submitted, on the basis of the materials in the case diary, that at a later point of time, the injured Sapiluddin Sk. died of the injuries sustained in the incident dated 21.08.2022. The accused persons had allegedly attacked the members of the informant’s family in order to grab the disputed plot of land. The injured, Sapiluddin Sk. who expired on 26.08.2022, had named a number of accused persons as his assailants when he was alive. The other 2 [two] injured persons i.e. the two nephews of the informant also named some of the accused persons as their assailants. Mr. Sarma has submitted that neither Sapiluddin Sk. [since deceased] nor the other 2 [two] injured persons has named the present petitioner as one of the persons to have attacked them.

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Having regard to the projection made on behalf of the petitioner and the submission made by the learned Additional Public Prosecutor on the basis of materials available in the case diary, collected during the course of investigation carried out so far, regarding non-emergence of the name of the petitioner as one of the assailants in respect of the injuries inflicted the deceased or the two injured, this Court is of the considered view that the petitioner had made out a prima facie case for extending the benefit of pre-arrest bail

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Page No. 3/3

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under Section 438, CrPC. This Court is also of the view that custodial interrogation of the petitioner is not necessary for the purpose of carrying out further investigation into the case and his release on pre-arrest bail, at this stage of investigation, is not likely to bring any adverse effect in the course of further investigation, provided he extends his assistance and co-operation in the further investigation of the case by joining the investigation.

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Accordingly, it is provided that in the event of arrest of the petitioner viz. Abdur Rashid Sheikh @ Abdur Rashid Sk in connection with Bilasipara Police Station Case no. 265/2022, he shall be released on bail on furnishing a bail bond of ₹ 25,000/- with one local surety of the like amount, to the satisfaction of the arresting authority, subject to the conditions that :

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[i] the petitioner shall appear before the Investigating Officer [I.O.] of the case within 10 [ten] days from today and shall thereafter, appear before the I.O. of the case once in every 2 [two] weeks for the next 2 [two] months;

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[ii] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and

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[iii] the petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

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The application stands disposed of in the aforesaid terms.

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JUDGE

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Comparing Assistant

Abdur Rashid Sheikh @ Abdur Rashid Sk v. the State of Assam

Case brief

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Abdur Rashid Sheikh @ Abdur Rashid Sk v. the State of Assam

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