MOHAMMED SHABAJ AHMED v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE AJIT BORTHAKUR
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-21. MOHAMMED SHABAJ AHMED v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010108432020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : AB/2836/2020 MOHAMMED SHABAJ AHMED S/O SAHABUDDIN @ LUKAS R/O TILLABAZAR P. O. -CHANDSRIKUNA P. S. AND DIST-KARIMGANJ VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No. # 2/2 BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER 21. 12. 2020 Heard Mr. H. R. A. Choudhury, learned Sr. counsel for the petitioner and Mr. N. K. Kalita, learned Addl. PP. , Assam appearing for the State/respondent. Also heard Mr. M. Ahmed, learned counsel for the informant. By this application under Section 438 Cr. P. C. , the petitioner, namely Mohammed Shabaj Ahmed has prayed for pre-arrest bail apprehending arrest in connection with Karimganj P. S. Case No. 580/2020 under Sections 304(B)(2)/34 of the IPC.
The case diary, as called for, is placed before the Court. It may be mentioned that this Court, by order, dated 13. 10. 2020, granted the privilege of interim pre-arrest bail to the petitioner, subject to conditions. On consideration of the pros and cons of the evidence so far collected by the I. O. , this Court finds that custodial interrogation of the petitioner may not be necessary in the interest of ongoing investigation. It is also noticed that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr. P. C. as per the interim pre-arrest bail granted earlier. The petitioner is co-operating in the investigation and there is no adverse report against the petitioner from the I. O. Accordingly, the interim pre-arrest bail, granted vide order, dated 13. 10.
2020 is hereby made absolute, subject to the condition that he shall co-operate in investigation as and when required and he 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 either to the Court or to any police officer. Return the case diary. This disposes off the application. JUDGE Comparing Assistant
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