Mahar Ali vs The State Of Assam on 20 May, 2024

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Gauhati High Court

Mahar Ali vs The State Of Assam on 20 May, 2024

Bench: Malasri Nandi

                                                                        Page No.# 1/3

GAHC010099082024




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

                               Case No. : AB/1281/2024

           MAHAR ALI
           S/O AJIMUDDIN,
           C.O HASMAT ALI,
           PRESEENTLY RESIDING AT GANDOW, SUALKUCHI, PS SUALKUCHI, DIST
           KAMRUP, ASSAM
           PERMANENT RESIDENT OF KIRAKARA (PART) PS SIPAJHAR, DIST
           DARRANG, ASSAM 783390

           VERSUS

           THE STATE OF ASSAM
           RRP BY THE PP ASSAM

Advocate for the Petitioner : MR A K AHMED
Advocate for the Respondent : PP, ASSAM




                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

20.05.2024 Heard Mr. A. K. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Mahar Ali, in connection with Basistha P.S. Case Page No.# 2/3 No. 320/2024, registered under Section 379 IPC, R/W Section 11(1)(d) of the Prevention of Cruelty to Animal Act, 1960, R/W Section 13(1)/16 of Assam Cattle Preservation (Amendment) Act, 2021.

Call for the case diary.

It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the vehicle bearing registration No. AS 25 CC 4819 from which 28 numbers of cattle were recovered. It is further submitted the petitioner is also the owner of the cattle as he purchased the said cattle from Balikuchi weekly animal market. In view of the above, the petitioner has prayed to extend the benefit of pre-arrest bail to the petitioner.

On the other hand, Mr. M. P. Goswami, learned Additional Public Prosecutor for the State has submitted that the petitioner may be allowed to appear before the Investigating Officer to verify the documents.

I have considered the submissions made by the learned counsel for the parties.

Considering the submissions made by the learned counsel for the parties as well as the averments made in the petition, this Court is of the view that till a final decision is taken on perusal of the case diary, the petitioner above-named is granted the interim protection till the next date fixed.

Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with above mentioned case, he shall be released on furnishing bail bond of Rs.10,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority.

The direction for pre-arrest bail is subject to the conditions that the Page No.# 3/3 petitioner:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(b) 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.

List after 3(three) weeks for production of case diary.

JUDGE Comparing Assistant

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