Mahar Ali vs The State Of Assam on 6 September, 2022

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Gauhati High Court

Mahar Ali vs The State Of Assam on 6 September, 2022

Bench: Ajit Borthakur

                                                                          Page No.# 1/2

GAHC010177732022




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

                                Case No. : AB/2580/2022

           MAHAR ALI
           S/O AJIMUDDIN,
           VILL KIRAKARA,
           P.S.- SIPHAJHAR,
           DIST.- DARRANG, ASSAM.

           VERSUS

           THE STATE OF ASSAM
           REP. BY THE P.P., ASSAM.

Advocate for the Petitioner : MR. T CHUTIA
Advocate for the Respondent : PP, ASSAM

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

06.09.2022 Heard Mr. S. Paul, learned counsel for the petitioner. Also heard Mrs. S. H. Bora, learned Addl. Public Prosecutor for the State/respondent .

This petition under Section 438 Cr.P.C., is filed by Mahar Ali praying for granting of the privilege of pre-arrest bail apprehending his arrest in connection with Khetri P.S. Case No. 142/2022 registered u/s 379/411/34 of IPC read with Section 11 of Prevention of Cruelty to Animal Act, 1960 and Section 7/13 of the Assam Cattle Preservation Page No.# 2/2 (Amendment) Act, 2021.

Call for the case diary, fixing after ensuing Puja vacation ( 02.10.2022 to 18.10.2022).

Considering the facts and circumstances of the case, it is provided that in the event of arrest, the petitioner named above, shall be released on interim pre-arrest bail, in connection with the above noted case, on furnishing bail bond of Rs. 40,000/- with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner shall appear before the Investigating Officer within 7 days and to produce all the documents in support of ownership of the vehicle before the investigating officer, failing which on and from the 8th day, the interim-pre arrest bail order shall have no force;

(ii) That the petitioner 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 her from disclosing such facts to the Court or to any police officer; and

(iii) That the petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of commission.

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