Allowed

Pashan Ali Sheikh @ Pashan Ali v. the State of Assam

Gauhati HC21 Apr 2023AB/897/2023

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 Cr.P.C. based on registration of FIR under PCMA and POCSO. Court made earlier interim bail absolute as I.O. submitted no adverse report, deeming custodial interrogation unnecessary.

What did the court decide?

Interim pre-arrest bail granted by order dated 17.03.2021 made absolute subject to cooperation in investigation and no inducement of witnesses.

Pashan Ali Sheikh @ Pashan Ali Vs the State of… — Child Sexual Offences (POCSO) | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010056042023

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

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Case No. : AB/897/2023

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PASHAN ALI SHEIKH @ PASHAN ALI S/O- LT. HATEM ALI, R/O- VILL- KATHALDI PT-II, P.O. BILASIPARA, P.S. BILASIPARA, DISTRICT- DHUBRI, ASSAM, PIN- 783348

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VERSUS

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THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MR. M U MONDAL

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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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Date : 21.04.2023

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None appears for the petitioner on call.

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Mr. B. Sarma, learned Addl. Public Prosecutor, Assam, is present.

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of prearrest bail to the petitioner, namely, Pashan Ali Sheikh @ Pashan Ali , apprehending arrest in connection with Bilasipara P.S. Case No. 65/2023 registered u/s 9/10/11(1) of the Prohibition of Child Marriage Act, r/w Section 4/17 of POCSO Act.

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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 17.03.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner.

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Mr. Sarma, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the Investigating Officer and got his statement recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier.

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On perusal of the case diary, it is seen that there is no adverse report against the petitioner from the I.O., and, as such, this Court is of the view that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.

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Therefore, the interim pre-arrest bail granted, vide order, dated 17.03.2021 is hereby made absolute , subject to the following conditions-

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

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(ii) That the petitioner 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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Return the case diary.

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This disposes off the anticipatory bail application.

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JUDGE

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Comparing Assistant

Pashan Ali Sheikh @ Pashan Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Pashan Ali Sheikh @ Pashan Ali 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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