This is a bail application for pre-arrest bail under Section 438 CrPC. The high court allowed bail, finding no incriminating material to justify detaining the petitioner despite recovery of stolen arecanuts from his house.
Release on bail of ₹20,000 with one surety of like amount upon arrest in connection with the said case.
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GAHC010124452023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2059/2023
ABDUS SATTAR @ ABDUL SATTAR S/O LATE ABDUS SUBHAN R/O VILL- BORJARI MAJGAON P.O. AND P.S. JAMINAMUKH DIST. NAGAON, ASSAM PIN-782123
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
18.07. 2023
Heard Mr. A. Ahmed, learned counsel for the petitioner as well as Mr. P. Borthakur, learned Additional Public Prosecutor, Assam.
This is an application filed under Section 438 CrPC seeking pre-arrest bail by the petitioner, namely, Abdus Sattar @ Abdul Sattar in connection with Jamunamukh P.S. Case No. 28/2023 under Sections 379/411 IPC.
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Two bags of arecanuts were recovered from the house of the petitioner. Police suspects that those arecanuts were the stolen property.
Today, I have gone through the case diary and do not find any incriminating materials against the present petitioner to detain him in custody. Therefore, the prayer of pre-arrest bail of the petitioner is allowed.
Accordingly, it is hereby directed that in the event of arrest of the petitioner Abdus Sattar @ Abdul Sattar in connection with Jamunamukh P.S. Case No. 28/2023 under Sections 379/411 IPC, the arresting authority shall release him on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority.
The petitioner is directed to cooperate with the investigation as and when required.
The bail application is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner should be granted pre-arrest bail under Section 438 CrPC given the lack of incriminating evidence against him.
Whether recovered arecanuts can justify granting bail without establishing the petitioner’s involvement in theft.
2 provisions across 2 enactments
Abdus Sattar @ Abdul Sattar
The State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
