In a pre-arrest bail application filed under section 1 Cr.P.C., the Gauhati High Court, finding that custodial interrogation was unwarranted given the applicant's cooperation, dismissed the state's arguments and made the interim order absolute.
Interim protection order dated 30.07.2022 made absolute in the same terms and conditions.
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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GAHC010145822022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2097/2022
MD. HATIM ALI
S/O- HABIBUR RAHMAN, R/O- VILL.- GORHBHITOR, P.O. BISWANATH, P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
Advocate for the Petitioner : MR. N ISLAM
Advocate for the Respondent : SC, FOREST
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 02-01-2023
Heard Mr. N Islam, learned counsel for the applicant and Mr. A Baruah, learned counsel appearing on behalf of Mr. D Gogoi, learned standing counsel, Forest Department.
This application under section 438 Cr.P.C., is preferred by applicant, namely, Md. Hatim Ali, who is apprehending arrest in connection with PRO/04, dated 18.06.2022, under sections 24/25/40/49 and 60 of A.F.R read with section 379/353 IPC , for grant of pre-arrest bail.
The said case has been registered on the basis of a complaint lodged
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by Dhruba Jyoti Mahanta, I/C, Protection Squad Range, Sonitpur, East Division, Biswanath Chariali, to the effect that on 18.06.2022 at about 1.00 AM, while he was attending patrolling duty at Pabhoi area, they have found one Bolero Pick up van, bearing registration No.AS 12 E 5374, which was coming from Biswanath RF toward Biswanath Chariali through Mizika road and they apprehended the said vehicle and during search, they have found timbers loaded in the said vehicle and seized the same preparing seizure list.
Mr. Islam, learned counsel for the applicant submits that this Court was pleased to grant interim protection to the applicant vide the order dated 30.07.2022, and thereafter, he has appeared before the IO and has been cooperating with the investigating agency and therefore, Mr. Islam, contended to make the interim order dated 30.07.2022, absolute in the same terms and conditions.
On the other hand, Mr. A Baruah, learned counsel appearing on behalf of Mr. D Gogoi, learned Standing counsel, Forest Department submits that he has not received the case diary, but as per his instructions, the applicant has appeared before the IO and he has been cooperating with the investigating agency.
In view of the above submissions of the learned Advocates for both the sides, and also considering the facts and circumstances of the case, the custodial interrogation of the applicant seems to be unwarranted here in this case and therefore, this Court is inclined to make the interim order dated 30.07.2022, absolute in the same terms and conditions.
In terms of the above, this AB stands disposed of.
The case diary be returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the applicant is entitled to be granted pre-arrest bail under section 438 Cr.P.C. considering his cooperation with the investigating agency.
3 provisions across 3 enactments
Md. Hatim Ali
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
