Three petitioners sought anticipatory bail for alleged involvement in a fisheries department subsidy fraud case. Pre-arrest bail was granted to Farhana Tasneem and Gitumoni Saikia with conditions, but rejected for Raja Qul Islam.
Pre-arrest bail allowed for Farhana Tasneem and Gitumoni Saikia; rejected for Raja Qul Islam.
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GAHC010103722024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1353/2024
RAJA QUL ISLAM S/O AKBAR ALI, R/O PALIGUR, P.S.-MORIGAON, DIST- MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S M MOLLAH, MS. C M BEZBARUAH,MR R ALI
Advocate for the Respondent : PP, ASSAM,
Linked Case : AB/1478/2024
FARHANA TASNEEM W/O RAJA QUL ISLAM R/O PALIGUR P.S.-MORIGAON DIST- MORIGAON ASSAM VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM
-----------Advocate for : MR. S M MOLLAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
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Linked Case : AB/1492/2024
MS. GITUMONI SAIKIA W/O DARPAN JYOTI BORAH
RESIDENT OF POLYROAD ANANDA NAGAR PO AND PS NAGAON DIST NAGAON ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP ASSAM
-----------Advocate for : MR. T J MAHANTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE
HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER
08.08.2024
Heard Mr S M Mollah, learned counsel for the petitioner, Raja Qul Islam, who
has filed this application under Section 438 CrPC, which is registered as AB No.
1353/2024.
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AB No. 1492/2024.
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Rupa Bharali was the beneficiary, but now, the broker, i.e., the petitioner, Raja Qul Islam is enjoying the fruits after purchasing the vehicle in a fraudulent manner.
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Gitumoni Saikia have approached this Court and vide order dated 28.05.2024 in AB No. 1353/2024, order dated 06.06.2024, in AB No. 1478/2024 and order dated 07.06.2024, in AB No. 1492/2024, the petitioners were granted interim pre-arrest bail.
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progress. However, at this juncture, I am not inclined to grant pre-arrest bail to the petitioner, Raja Qul Islam.
06.06.2024, in AB No. 1478/2024, is hereby made absolute and the prayer for prearrest of the petitioner, Farhana Tasneem, is hereby allowed. The interim pre-arrest bail order dated 07.06.2024, in AB No. 1492/2024 is hereby made absolute and
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thereby, the petitioner, Gitumoni Saikia is granted bail under Section 438 CrPC. Both the petitioners, Farhana Tasneem and Gitumoni Saikia are directed to cooperate with the remaining part of investigation and to refrain from such activities with which they are alleged. Both the petitioners are directed not to leave the jurisdiction of the Court without prior permission. On breach of any bail conditions, their bail order shall stand cancelled.
JUDGE
Comparing Assistant
1 issue framed by the court
Should pre-arrest bail under Section 438 CrPC be granted to three petitioners apprehending arrest in a fisheries subsidy fraud case?
2 provisions across 2 enactments
Raja Qul Islam
The State of Assam represented by the Public Prosecutor
Farhana Tasneem
Gitumoni Saikia
Susmita Phukan Khaund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
