Sahida Begum v. The State of Assam

ORDER Date : 08.08.2024

Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam. By this petition filed under Section 482 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023, the petitioner, namely, Sahida Begum, has prayed for granting pre-arrest bail, apprehending arrest in connection with Basistha P.S. Case No. 336/2024 under Section 379 IPC r/w Section 11(1)(d) of Prevention of Cruelty to Animal Acts, 1960 and Sections 13(1)/16 of Assam Cattle Preservation Act, 2021. Mr. Ahmed, learned counsel for the petitioner submits that the petitioner has appeared before the Investigating Police Officer as per direction of this Court and his statement has already been recorded after he was granted interim protection. He has not misused the liberty granted to him; rather, he co-operates with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioner may be made absolute. Mr. Goswami, learned Additional Public Prosecutor for the State submits that the petitioner may appear before the investigating officer as and when called for. It is also submitted that the statement of petitioner has already been recorded by the investigating officer. I have considered the submission made by the learned counsel for the parties and also perused the case diary. It appears that there is no specific allegation against the petitioner and he has not misused the liberty granted to him while availing interim protection. It is directed to the petitioner to appear before the investigating officer as and when called for. Considering all, this Court is of the view that the petitioner deserves to be granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide order dated 31.05.2024, is made absolute on the same terms and conditions, Page No.# 3/3 as reflected. The petition stands disposed of accordingly. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010104262024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1418/2024 SAHIDA BEGUM W/O SHAKAT ALI, R/O VILL- JAMALPUR, P.S.-DALGAON, DIST-DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI