The Gauhati High Court converted an interim pre-arrest bail order into an absolute one, granting bail to two accused petitioners in a case involving IPC sections 294, 506, and 153A.
Interim pre-arrest bail granted vide order dated 07.11.2022 made absolute; case diary returned.
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GAHC010222582022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3247/2022
SAHJAHAN ALI AND ANR S/O LATE YAR ALI R/O VILL- MAJORBORI P.O. JALUGUTI P.S. MIKIRBHETA DIST. MORIGAON, ASSAM
2: JAVED IFTIKAR S/O SAHJAHAN ALI R/O VILL- MAJORBORI P.O. JALUGUTI P.S. MIKIRBHETA DIST. MORIGAON ASSA VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S DIHINGIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 19-01-2023
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19.01.2023.
Heard Mr. N.K. Kalita, learned counsel for the petitioners.
Also heard Ms. N. Das, learned Additional Public Prosecutor for the State of Assam.
Apprehending arrest in connection with Mikiribheta P.S. Case No. 234/2022, under sections 294/506/153A of IPC, this application under section 438 Cr.P.C., has been preferred by the accused petitioners namely, 1. Sahjahan Al & 2. Javed Iftikar, for granting them pre-arrest bail.
It is submitted by the learned counsel for the petitioners that the petitioner No. 1 is the father of the petitioner No. 2 and the Petitioner No. 2 is a National level Kabaddi player and represented the Assam on several occasions in Junior level but he is not allowed to participate in Kabddi game which was organized by Morigaon Kabaddi Association in collaboration of Assam Kabaddi Association and for which the petitioners were aggrieved and there was some altercation amongst them for which the present F.I.R was lodged against both the accused petitioner with some fake allegations. However, there is no such materials in the F.I.R to attract section 153A of IPC against the accused petitioners. It is further submitted on behalf of the petitioners that after obtaining interim pre-arrest bail they co-operated with the investigation. The accused/petitioners are permanent resident of addressed locality and hence, there is no chance of absconding if they are granted privilege of pre-arrest bail. In this context Mr. K.K. Das, learned Additional Public Prosecutor for the State of Assam has submitted that the accused petitioner after obtaining interim pre-arrest bail had appeared before the I.O and their statement is already recorded under section 161 Cr.P.C. Considering, the submission of learned counsels for both sides and the materials in the case dairy as well as nature of the allegations, I find, it is a fit case to
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extend the privilege of pre-arrest bail to the accused petitioners. Accordingly, interim pre-arrest bail granted to the accused petitioners, vide order dated 07.11.2022, by this Court is hereby made absolute. Case diary be returned.
Anticipatory bail applications stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to make the interim pre-arrest bail grant absolute in a case involving IPC 294/506/153A.
Whether the petitioners are fit to be released on pre-arrest bail without absconding.
Sahjahan Ali
Javed Iftikar
The State of Assam
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
