Gauhati High Court
Page No.# 1/2 vs The State Of Assam on 26 July, 2021
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010095842021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1742/2021
HASINA BEGUM AND 2 ORS.
W/O FAKIR ALI
R/O VILL- KUNAKATAPARA, P.S. DALGAON
DIST. DARRANG, ASSAM
2: FAKIR ALI
S/O AJGAR ALI
R/O VILL- KUNAKATAPARA
P.S. DALGAON
DIST. DARRANG
ASSAM
3: KHABIR ALI
S/O LATE HAJARAT ALI
R/O GADHUWA CHAPOR
P.S. MANGALDAI
DIST. DARRANG
ASSA
VERSUS
THE STATE OF ASSAM
REP. BY PUBLIC PROSECUTOR ASSAM
Advocate for the Petitioner : MR M AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
:: O R D E R ::
Page No.# 2/2 26-07-2021 This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioners, namely, (1) Hasina Begum (2) Fakir Ali and (3) Khabir Ali in connection with Kharupetia PS Case No. 205/2021, registered under Sections 417/419/420/406/34 of IPC.
Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor, Assam. Also perused the case diary and the document annexed. From perusal of the case diary it appears that the petitioner No.1, Hasina Begum procured the land document from the informant convincing that she will be able to obtain a loan for informant and subsequently it was found that by depositing the land documents of the informants, she herself procured a loan and when the loan became NPA, notice was served upon the informant. Entire allegation goes against the accused No.1, Hasina Begum but no any other material is found against the other accused persons. Considering all entirety of the matter it appears that custodial interrogation of the petitioner Nos. 2 and 3 can be dispensed with. Accordingly, the interim bail as regard the accused petitioner Nos. 2 and 3, namely, Fakir Ali and Khabir Ali is hereby made absolute. However, the bail prayer as regard the petitioner No.1, Hasina Begum is hereby rejected. Interim order passed earlier in respect of petitioner No.1 stands vacated. In terms of the above, this bail application stands disposed of. Return the case diary.
JUDGE Comparing Assistant