Sahebul Hoque @ Jitumoni @ Sahabur Haque and Anr v. The State of Assam

ORDER 07-06-2023 Heard Mr. N. Uddin, learned counsel for the petitioners and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State. By this application under Section 438 CrPC, the petitioners namely, 1) Sahebul Hoque @ Jitumoni @ Sahabur Haque and 2) Monowar Hussain apprehending their arrest are seeking pre arrest bail in Goalpara P.S. Case No.170/2022 registered under Sections 120(B)/468/420/406 IPC corresponding to G.R. No.975/2022. On specific information, the house of the petitioner No.2 at Kisamatpur was raided and in such raid suspected lubricating engine oil, Drums, large number of empty plastic bottles, large numbers of stickers, caps of different colours, buckets, drums with pumping blocks were recovered. Though police could not find the petitioners, but it is seen from the case diary that sons of the petitioner No.2 were arrested. The arrested accused persons indicated the petitioner No.1 about his involvement in selling duplicate lubricants of vehicles. One of the arrested accused showed the places in Assam and Meghalaya, where he used to sale those duplicate lubricants prepared by the petitioner No.1 in the house of the petitioner No.2, taken on rent by the petitioner No.1. Petitioner No.2 is the father-in-law of the petitioner No.1. Perused the case diary produced before the Court today by Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. With regard to the pre-arrest bail of the petitioner No.1, namely, Sahebul Hoque @ Jitumoni @ Sahabur Haque, case diary reveals sufficient incriminating materials against him regarding his involvement in the alleged crime. Accordingly, his prayer for pre-arrest bail in said Goalpara P.S. Case No.170/2022 stands rejected. Page No.# 3/4 The interim pre-arrest bail granted earlier granted to the petitioner No.1, namely, Sahebul Hoque @ Jitumoni @ Sahabur Haque in said Goalpara P.S. Case No.170/2022 on 07.09.2022 is hereby recalled/stands vacated. However, from the case diary, no such incriminating materials is found against the petitioner No.2, namely, Monowar Hussain regarding his involvement in the crime inspite of the fact that the house wherein, those duplicate lubricants are manufactured belongs to him, taken on rent by the petitioner No.1. Considering the above, the Court is of the opinion that custodial interrogation of the petitioner No.2, namely, Monowar Hussain is not warranted to investigate said Goalpara P.S. Case No.170/2022. As such, this pre-arrest bail application of the petitioner No.2, named above, is accepted. The petitioner No.2, namely, Monowar Hussain is already on interim bail in said Goalpara P.S. Case No.170/2022 granted to him earlier on 07.09.2022 and the same is hereby made absolute on the terms and conditions that the petitioner shall - (i) appear before the Investigating Officer of Goalpara P.S. Case No.170/2022 on or before 14.06.2023 and thereafter, as and when he is required for necessary investigation of said Goalpara P.S. Case;

(ii) not leave the territorial jurisdiction of the Goalpara police station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) not hamper with the investigation, or tamper with the evidence of the case and (iv) not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. With the above observation and directions, this pre-arrest bail application accordingly stands allowed to the extent above. Return the case diary. JUDGE Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010179512022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2594/2022o SAHEBULoHOQUEo@oJITUMONIo@oSAHABURoHAQUEoANDoANRo S/OoLATEoSOBIDULoALIo VILL-oKISMATPURo P.S.oGOALPARAo DIST.oGOALPARA,oASSAM 2:oMONOWARoHUSSAIN oS/OoLATEoISUBoALIo VILL-oKISMATPURo P.S.oGOALPARAo DIST.oGOALPARA oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oNoUDDINo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK