Gauhati High Court
Jahurul Islam And 2 Ors vs The State Of Assam And Anr on 5 June, 2020
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010305862019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 4481/2019
1:JAHURUL ISLAM AND 2 ORS.
S/O GAFUR ALI, R/O VILL-DHUTURAMARI, P.S.-TAMARHAT, DIST-DHUBRI,
PIN-783332
2: SAHIDUL ALI
S/O JAHIR ALI
R/O VILL-DHUTURAMARI
P.S.-TAMARHAT
DIST-DHUBRI
PIN-783332
3: JABBAR ALI
S/O LATE KHAZIMUDDIN
R/O VILL-DHUTURAMARI
P.S.-TAMARHAT
DIST-DHUBRI
PIN-78333
VERSUS
1:THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:THE OFFICER-IN-CHARGE
TAMARHAT POLICE STATION
ASSA
Advocate for the Petitioner : MR. S K GHOSH
Advocate for the Respondent : PP, ASSAM
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BEFORE
HON' BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 05-06-2020 Heard Mr. S K Ghosh, learned counsel for the petitioners. Also heard Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State.
The petitioners, namely, (1) Shri Jahurul Islam, (2) Shri Sahidul Ali and (3) Shri Jabbar Ali, have filed this application under Section 438 Cr.P.C. seeking pre-arrest bail apprehending their arrest in Tamarhat P.S. Case No. 190/2019 registered under Sections 120(B)/436/448/379/380/427 IPC corresponding to G.R. Case No. 3732/2019.
Perused the case diary produced today by Mr. M P Goswami, learned Additional Public Prosecutors, Assam.
From the statement of the independent witnesses so far recorded by the concerned Investigating Officer, it is seen that Gafur and Sirajul Haque have been implicated by them with regard to their involvement in the alleged crime. However, the independent witnesses did not implicate the petitioners with regard to their involvement in said Tamarhat P.S. Case No. 190/2019.
From the case diary, it is also reflected that the petitioners, on obtaining interim pre-arrest bail, appeared before the concerned Investigating Officer of the case and their statements were also recorded on 22.12.2019.
Considering the above and the materials available in the case diary, the Court is of the view that custodial detention of the petitioners, named above, are not warranted to investigate the said Tamarhat P.S. Case No. 190/2019 and accordingly, this pre arrest bail application of the petitioners is accepted.
The petitioners, namely, (1) Shri Jahurul Islam, (2) Shri Sahidul Ali and (3) Shri Jabbar Ali are already on interim bail in said Tamarhat P.S. Case No. 190/2019 granted earlier by this Court on 17.12.2019 and the same is hereby made absolute on the terms and conditions that the petitioners (i) shall appear before the concerned Investigating Officer of said Tamarhat P.S. Case No. 190/2019 as and when they are required for necessary investigation of the said case; (ii) shall not hamper with the investigation, or tamper with the evidence of the case and (iii) they shall not, directly or indirectly, Page No.# 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer, failing which, the pre- arrest bail granted to them in the aforesaid Tamarhat Police Station case shall stand automatically vacated.
Return the case diary.
With the aforesaid observations and direction, this pre-arrest bail application stands allowed to the extent above.
A true copy of this order shall be furnished by the concerned Court Master to the petitioners or to their authorized person for their necessary use.
JUDGE Comparing Assistant