Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 12 December, 2022
Page No.# 1/4
GAHC010252912022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3665/2022
JABBAR ALI AND ANR
S/O- ARFAN ALI, R/O- VILL- PURBALOWASHUR, 248, BHAWANIPUR ROAD,
NEAR L.P. SCHOOL, MAJ GAON, P.S. AND DIST.- BARPETA, ASSAM, PIN-
781313
2: INAMUL HOQUE SIKDAR
S/O- JALAL UDDIN SIKDAR
R/O- VILL- ANANDAPUR
MAJ GAON
P.S. BARPETA
DIST.- BARPETA
ASSAM
PIN- 78131
VERSUS
THE STATE OF ASSAM
REP. BY P.P., ASSAM
Advocate for the Petitioner : MD A RAHMAN
Advocate for the Respondent : PP, ASSAM
Page No.# 2/4
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
12.12.2022 Heard Mr. I. Hussain, learned counsel for the applicants. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, for the State respondent No. 1.
This is an application under Section 438 of the Code of Criminal Procedure, for grant of pre-arrest bail to the accused applicants, who are apprehending arrest in connection with Azara P.S. Case No. 100/2022, under Sections 420/406/34 of the Indian Penal Code.
Mr. I. Hussain, learned counsel for the applicants, submits that both the applicants are innocent and the institution, namely, A. J. College of Pharmacy, is not a fake institution, as stated in the F.I.R., but it is a registered institution under the Maruti Group of Institution and approved by Pharmacist Council of India, Delhi, and the said Institution has already entered into an agreement with the petitioner No. 1 and a photocopy of the said agreement is also furnished along with the petition as Annexure-2. It is further submitted that out of 180 students, they could not allow 60 numbers of students to sit in the examination Page No.# 3/4 as they were not found eligible as per criteria and the present F.I.R. has been falsely lodged against the petitioner only with a grievance that they were not allowed to sit in the examination. Further it is submitted by the learned counsel for the applicants that as per Annexure-6, nine numbers of students have already received an amount of Rs. 30,000/- each from the institution and one Md. Sanidul Khan has already received back the money and the certificate, which is available as per record of the institution. It is further submitted that both the applicants have not yet received any notice under Section 41A of the Code of Criminal Procedure so as to appear before the Investigating Agency and to co-operate with the investigation of the case. However, they have an apprehension of being arrested by the police if they are not granted with the pre-arrest bail.
In this context, Mr. P. Borthakur, learned Additional Public Prosecutor, submits that this is a case with the allegation that the institution, where the students were admitted, is a fake institution and the genuineness of the signatures shown to be put by the 9 (nine) numbers of students have to be ascertained and huge amount of money were alleged to have received by the institution and though it is stated only to be a study centre. The learned Additional Public Prosecutor, therefore, submits that before passing any order granting pre-arrest bail, perusal of the Case Diary is necessary.
After considering the submissions of learned counsels of both sides and also considering the nature and gravity of the offence, I find that perusal of the Case Diary is necessary before passing any order of pre-arrest bail and accordingly, at this stage, I do not find it appropriate to pass any order for Page No.# 4/4 interim pre-arrest bail without perusal of the Case Diary.
Accordingly, let the Case Diary be called for fixing 21.12.2022 as the next date.
JUDGE Comparing Assistant