Gauhati High Court
Mahar Ali vs The State Of Assam on 1 November, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
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
Date : 01.11.2022 Heard Mr. T Chutia, learned counsel for the petitioner. Also heard Mr. RJ Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest Page No.# 2/3 bail to the petitioner, namely Mahar Ali apprehending arrest in connection with Khetri P.S. Case No. 142/2022 u/s 379/411/34 of the IPC r/w Section 11 of Prevention of Cruelty to Animal Act r/w Section 7/13 of Assam Cattle Preservation (Amendment) Act.
The Case diary is placed before the Court.
It may be mentioned that by order, dated 06.09.2022, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.
Mr. RJ Baruah, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. There is no adverse report against him from the I.O.. This Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.
Accordingly, the interim pre-arrest bail granted vide order, dated 06.09.2022 is hereby made absolute, subject to the following conditions-
(i) That the petitioner shall co-operate in investigation as and when required; and
(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 him from disclosing such facts to the Court or to any police officer.
Return the case diary.
This disposes off the anticipatory bail application.
JUDGE Page No.# 3/3 Comparing Assistant