Sarafat Ali v. The State of Assam

ORDER Date : 19.02.2023

Heard Mr. A.W. Aman, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State of Assam. This is an application made under Section 438 Cr.P.C., seeking Page No.# 2/3 pre-arrest bail by the petitioner, namely, Sarafat Ali, apprehending arrest in connection with Khetri P.S. Case No. 158/2023, registered under Section 379/411/34 IPC r/w Section 11 of Prevention of Cruelty to Animals Act and Section 7/13 of Assam Cattle Preservation Act. Mr. Aman, 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. As the statement of petitioner has already been recorded by the investigating officer and as such, his custodial interrogation may not be required. I have considered the submission made by the learned counsel for the parties and also perused the case diary. It appears that the petitioner 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 19.10.2023, is made absolute on the same terms and Page No.# 3/3 conditions, as reflected. The petition stands disposed of accordingly. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010241832023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3612/2023 SARAFAT ALI S/O SUKUR ALI R/O BHAKATGAON CHILANGANI P.S NAGAON DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI