This is an order on an application for pre-arrest bail under Section 438 Cr.P.C. The single judge made the interim bail absolute, noting multiple FIRs on similar allegations and a submitted charge sheet, and ruled that custodial interrogation was not necessary.
The interim pre-arrest bail granted previously was made absolute on the same terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010065832022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/933/2022
RAIFUDDIN AHMED S/O LATE MAHAR ALI R/O KONWARPUR P.S. HAJO DIST.KAMRUP (R), ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR. S M MOLLAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 12.08.2022
Heard Mr. S. Mollah, learned counsel for the petitioner and Mr. M.P. Goswami, learned APP appearing for the State.
By this application under Section 438 Cr.P.C., the petitioner, namely,
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Raifuddin Ahmed, has prayed for granting pre-arrest bail, apprehending arrest in connection with Hajo PS Case No. 220/2022 under Sections 420/493 IPC.
The learned APP has produced the case diary and has opposed the prayer for bail.
On a perusal of the materials annexed to this application, it is seen that the informant in Hajo PS Case No. 220/2022 has lodged instant F.I.R. on 17.02.2022. It also appears that on similar set of allegations, the same informant has earlier filed an F.I.R. on 04.02.2022, which was registered as Hajo PS Case No. 166/2022 under Section 294/509/354(A)/354(D) IPC and subsequently, had lodged another F.I.R. on 09.03.2022, which was registered as Hajo PS Case No. 315/2022 under Section 120(B)/493 IPC.
In this regard, the learned APP has submitted that in the said Hajo PS Case No. 315/2022, charge-sheet has been submitted against the petitioner.
As three F.I.Rs have been lodged by the informant on similar set of allegations and considering that charge-sheet has been submitted against the petitioner in Hajo PS Case No. 315/2022, the Court is of the considered opinion that custodial interrogation of the petitioner is not required in this case. Hence, the interim pre-arrest bail granted to the petitioner named above by order dated 04.04.2022 is made absolute on the same terms.
Apart from other previous conditions, the petitioner is directed to appear before the I.O. of the case within a period of 10(ten) days from today.
This anticipatory bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant absolute bail in anticipatory bail application under Section 438 Cr.P.C.
Whether custodial interrogation is required given multiple FIRs and a submitted charge sheet
1 provisions across 1 enactments
Raifuddin Ahmed
The State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
