Allowed

Golbar Ali Sk @ Golabar Ali Sheikh and Anr. v. the State of Assam

Gauhati HC12 May 2023AB/24/2023

Case brief

AI extract

What is this about?

The Court disposed of an application for pre-arrest bail under Section 438 Cr.P.C. It converted an interim bail order to an absolute bail order, noting that custodial interrogation was not required as the investigation officer had recommended it.

What did the court decide?

The interim pre-arrest bail granted vide order dated 10.03.2023 is made absolute, subject to conditions of cooperating in investigation and not inducing, threatening or promising anything to dissuade

Golbar Ali Sk @ Golabar Ali Sheikh and Anr. Vs the State of… — Bail and Remand | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010001062023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/24/2023

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GOLBAR ALI SK @ GOLABAR ALI SHEIKH AND ANR S/O MOHAR ALI SK @ MAHAR ALI SHEIKH, VILL-PUB MOISHA, P.O.CHORAIKHULA, P.S.-GOLAKGANJ, DIST-DHUBRI (ASSAM)

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2: ABDUL SALAM MANDAL S/O HACHEN ALI MANDAL @ HACHEN VILL-KAIMMATI P.O.-CHOTO GOMA P.S.-GOLAKGANJ DIST-DHUBRI (ASSAM) PIN-78333

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. N J DUTTA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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12.05.2023

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Heard Mr. N.J. Dutta, learned counsel for the petitioners. Also heard Mr.

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Page No.# 2/3

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R.J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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By this petition under Section 438 Cr.P.C., the petitioners, namely, (1) Golbar Ali Sk @Golabar Ali Sheikh and (2) Abdul Salam Mandal have prayed for granting pre-arrest bail, apprehending arrest in connection with Golakganj P.S. Case No. 438/2022 under Section 13(1) of the Assam Cattle Preservation (Amendment) Act, 2021.

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The case diary, as called for, is placed before the Court.

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It may be mentioned that by order, dated 10.03.2023, this Court granted the privilege of interim pre-arrest bail to the petitioners subject to conditions.

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Mr. R.J. Baruah, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioners appeared before the investigating officer and got their statements recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier. There is no adverse report against the petitioners from the I.O. This Court finds that custodial interrogation of the petitioners may not be required in the interest of the ongoing investigation into the case.

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Therefore, the interim pre-arrest bail granted vide order, dated 10.03.2023 is hereby made absolute, subject to the following conditions-

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(i) That the petitioners shall co-operate in investigation as and when required; and

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(ii) That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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Page No.# 3/3

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Return the case diary.

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This disposes of the anticipatory bail application.

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JUDGE

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Comparing Assistant

Golbar Ali Sk @ Golabar Ali Sheikh and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Golbar Ali Sk @ Golabar Ali Sheikh and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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