Single judge interim bail application to quash arrest under Section 366 IPC. Court made interim bail absolute finding no need for custodial interrogation as applicants cooperated.
Interim bail order dated 14.09.2023 made absolute on same terms and conditions.
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GAHC010203372023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3129/2023
NAZRUL BAX AND ANR
S/O- NUR BAX, R/O- KATHALGURI, P.S. SARTHEBARI, DIST.- BARPETA, ASSAM
2: JAHNARA BEGUM W/O- NAZRUL BAX R/O- KATHALGUNRI P.S. SARTHEBARI DIST.- BARPETA ASSA
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM
Advocate for the Petitioner : MR S H SIKDAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 09-10-2023
Heard Mr. S H Sikdar, the learned counsel for the applicants.
Also heard Ms. S.H Bora, learned Addl. PP, appearing for the State respondent.
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By this application the applicants, namely, 1. Nazrul Bax & 2. Jahnara Begum have prayed for pre arrest bail who are apprehending arrest in connection with Hatigaon PS Case No.233/2023 under section 366 IPC .
Case diary called for is received and perused.
This court vide order dated 14.09.2023 granted interim bail to the applicants with a direction to appear before the I/O and the applicants have accordingly appeared and recorded their statements and they have been duly interrogated in the meantime.
Considering the materials so far collected and the nature of allegation made in the FIR, this court is of the view that no custodial interrogation shall be required inasmuch as the applicants have cooperated with the investigating agency. Accordingly, the interim order dated 14.09.2023 granting interim bail to the above named applicants is hereby made absolute under the same terms and conditions.
The pre-arrest bail application stands disposed off. Send back the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim bail granted to the applicants in the course of investigation under Section 366 IPC should be made absolute.
1 provisions across 1 enactments
Nazrul Bax
Jahnara Begum
The State of Assam
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
