Sabed Ali v. The State of Assam

ORDER Date : 14-03-2024

14.03.2024 Heard Mr. D. Goswami, learned counsel for the petitioner as well as Mr. DP Goswami, learned APP for the State.

¶2The petitioner, namely, Sabed Ali who is apprehending arrest in connection with Abhayapuri PS case no.68/2024 under sections Page No.# 2/3 120(B)/420/406/384/294/506 IPC has filed this application under section 438 Cr.P.C., praying for pre-arrest bail.

¶3It is submitted by the learned counsel for the petitioner that the petitioner is doing the business of money lending and a registration certificate has been issued in connection with doing such business vide Annexure-3.

¶4It is also submitted by the learned counsel for the petitioner that no notice has been served to the petitioner under section 41(A) Cr.P.C. which is mandatory as per the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

¶5Accordingly, the learned counsel prays that the benefit of pre-arrest bail be extended to the petitioner.

¶6On the other hand, the learned APP submits that on perusal of the case diary it reveals that the accused petitioner has the authority for doing the business of money lending. Under such background, the custodial interrogation of the petitioner may not be warranted.

¶7Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with Abhayapuri PS case no.68/2024, 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.

¶8The direction for pre-arrest bail is subject to the conditions that the petitioner: Page No.# 3/3

(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.

¶9Return back the case diary.

¶10This application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010047442024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/566/2024 SABED ALI RESIDENT OF VILLAGE ROWMARI, PS ABHAYAPURI, DIST BONGAIGAON, ASSAM 783384 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. D GOSWAMI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI