MOKBUL HUSSAIN AND 8 ORS Vs. STATE OF ASSAM REPRESENTED BY PP
LAWS(GAU)-2018-8-81
HIGH COURT OF GAUHATI
Decided on August 16,2018

Mokbul Hussain And 8 Ors Appellant
VERSUS
State Of Assam Represented By Pp Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1) Mokbul Hussain, 2) Abdul Gofur Miah, 3) Mozibar Rahman, 4) Mohoruddin Sk., 5) Nosor Sk., 6) Ajijur Rahman, 7) Anowar Hussain, 8) Kulsum Bibi, and 9) Nur Zahan, in connection with Golakganj PS Case No. 543/2018 registered under Sections 341/427/384/511/34 of the IPC. Heard Mr. A. Rahman, learned counsel for the accused-petitioners as well as Ms S.H. Bora, learned Additional Public Prosecutor, appearing for the State of Assam. Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before the Court.
(2.) No such material is available in the case diary justifying custodial interrogation of the accused petitioners. The accused petitioners are on interim pre-arrest bail granted vide order dated 23.07.2018, passed in A.B. No.2173 of 2018, and consequent upon obtaining the interim pre-arrest bail, they have appeared before the investigating officer and have got their statements recorded.
(3.) Since the custodial interrogation of the accused-petitioners is not warranted, the interim pre-arrest bail granted to the accused petitioners, on 23.07.2018, is hereby made absolute.;


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