The Gauhati High Court rejected a second pre-arrest bail application filed by Miran Ali under Section 438 CrPC for offences of dacoity and robbery. The court held that there was no change in facts or law since the earlier rejection based on direct incriminating evidence in the case diary.
Prayer for pre-arrest bail under Section 438 CrPC was declined.
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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GAHC010128632023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2191/2023
MIRAN ALI S/O LATE MAKIBAR RAHMAN R/O VILL- KUMARPATA P.S. RANGIA DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : F ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 05-08-2023
Heard Mr. F. 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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application, A.B. no. 3263/2022 by an order dated 25.11.2022 after perusal of the materials available in the case diary, produced on that date by the learned Additional Public Prosecutor.
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of a doctor in a regular manner. It is further averred that the alleged snatched money has already been recovered from the other co-accused persons and as such, the case of the petitioner may be considered for extending the benefit of pre-arrest bail.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner who has a prior application rejected on merits regarding the same offence.
Whether the grounds of illness of the mother and recovery of stolen money constitute a sufficient change in fact situation for re-evaluating the refusal of bail.
Whether the availability of incriminating materials in the case diary justifies continued denial of pre-arrest bail in a subsequent application.
3 provisions across 2 enactments
Miran Ali
State of Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
