Abul Hashim @ Hasim Ali vs. The State Of Assam
Held
The Court held that the petitioner had been granted interim pre-arrest bail on 23.08.2023 and had subsequently appeared before the Investigating Officer and cooperated with the investigation. The Court also noted from the Case Diary that the material part of the investigation was nearly complete, with only the FSL Report and a report concerning GST evasion pending. Consequently, the Court concluded that custodial interrogation of the petitioner was not warranted. The interim order dated 23.08.2023 was made absolute in the same terms and conditions. The application (AB) was disposed of accordingly. No specific issue regarding GST evasion was decided on merits, as the focus was on the grant of pre-arrest bail.
Facts
The petitioner, Md Abul Hashim @ Hasim Ali, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking pre-arrest bail. This application arose from Rupahihat PS Case No. 345/2023, registered on 29.07.2023. The FIR alleged that on 29.07.2023, a truck bearing registration No. AS-28-AC-1002 was apprehended near the PWD Road, Saidoria, carrying 55 bags of suspected Burmese Supari concealed with cartons of biscuits. The driver fled upon seeing the informant. The petitioner had been granted interim pre-arrest bail by the High Court on 23.08.2023 and had appeared before the Investigating Officer, cooperating with the investigation.
Key Issues
1. Whether the interim pre-arrest bail granted to the petitioner should be made absolute, considering his cooperation with the investigation and the stage of the investigation. (Question of law and fact) Petitioner's Contention: The petitioner argued that he had been granted interim pre-arrest bail on 23.08.2023, had appeared before the Investigating Officer (IO) pursuant to that order, and had been cooperating with the investigating agency. Therefore, the interim order should be made absolute on the same terms and conditions. Revenue/State's Contention: The State respondent submitted that the material part of the investigation was almost over, with the case pending the collection of the FSL Report and a report regarding the evasion of GST.
Sections Cited
Section 438
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Cause title — parties, addresses and appearances
ORDER 12.10.2023 Heard Mr A N Iqbal, learned counsel for the applicant. Also heard Mr K Baishya, learned Additional Public Prosecutor for the State respondent.
Apprehending arrest in connection with Rupahihat PS Case No. 345/2023, under Sections 120(B)/379/411/201/ 406/420/34 IPC, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by the applicant, Md Abul Hashim @ Hasim Ali, for grant of pre-arrest bail.
It is to be noted here that the aforementioned case has been registered on the Page No.# 2/3 basis of one FIR lodged by SI Dipan
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