Ramjan Ali and 5 Ors. v. the State of Assam
Case brief
What is this about?
The Gauhati High Court disposed of an application for anticipatory bail under Section 438 CrPC. The six applicants sought bail fearing arrest in a case involving IPC offences. The Court noted a two-year investigation delay and a mutual settlement agreement. Consequently, the Court directed the applicants to cooperate with the investigation officer and granted interim bail conditions.
What did the court decide?
Applicants allowed to go on bail if they appear before the Investigating Officer within ten days and cooperate in the investigation, upon furnishing a bond of Rs. 20,000 each.
What the court decided
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GAHC010066692023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1184/2023
RAMJAN ALI AND 5 ORS S/O LATE BAHEJ ALI R/O VILL- JAMUNATARY, P.S. GOSSAIGAON, DIST. KOKRAJHAR, BTC, ASSAM
2: SRI MOSTAFA ALI S/O LATE BAHEJ ALI R/O VILL- JAMUNATARY
P.S. GOSSAIGAON
DIST. KOKRAJHAR BTC ASSAM
3: SRI HASEN ALI @ HUSSAIN ALI S/O LATE BAHEJ ALI R/O VILL- JAMUNATARY P.S. GOSSAIGAON DIST. KOKRAJHAR BTC ASSAM
4: SRI AFJAL ALI @ ABZAL ALI S/O LATE BAHEJ ALI R/O VILL- JAMUNATARY P.S. GOSSAIGAON DIST. KOKRAJHAR BTC ASSAM
- 5: SRI MIZANUR ALI @ MIZAN ALI S/O SRI HANIF ALI @ ABDULHANIF
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Issues for consideration
3 issues framed by the court
Whether the anticipatory bail application should be allowed considering the delay in investigation and subsequent settlement.
Whether the applicants can be granted bail on condition of cooperating with the investigation despite the non-compoundable nature of the offences.
What terms and bond amount should be imposed on the applicants for the grant of bail.
Parties & counsel
- applicant
Ramjan Ali and 5 Ors
- respondent
The State of Assam
Coram
Mridul Kumar Kalita
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · July
- Registered
- Case no.
- AB/1184/2023
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