Abdul Kader vs. The State Of Assam

Bail Appln./623/2021HC GauhatiGSTCNR GAHC01004551202107 March 2021Bench: HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN2 pages
AI SummaryAllowed

Held

The Court held that the arrest of the petitioner in Abhayapuri PS Case No. 97/2021 was a subsequent arrest after his release on bail in other cases, and it was not informed to him at the time of his release. The Court noted that the pendency of the present case was not disclosed to the petitioner. The Court found that the mandate of law laid down in Arnesh Kumar Vs. State of Bihar & Another was violated, especially considering that the punishment for the offense is up to seven years and no notice under Section 41(A) Cr.P.C. was served prior to his arrest. The Court opined that further custodial detention of the accused person should be dispensed with. The petitioner was directed to be released on bail on furnishing a bail bond of Rs. 20,000/- with one suitable surety of the like amount.

Facts

The petitioner, Abdul Kader, sought bail in connection with Abhayapuri Police Station Case No. 97/2021, registered under Sections 420/468 of the Indian Penal Code (IPC). The petitioner argued that his arrest violated the directions in Arnesh Kumar Vs. State of Bihar & Another. He was arrested on 15.02.2021 for a first FIR lodged on 25.01.2021. Subsequently, a second FIR (the present one) was filed on 05.02.2021, and a third FIR on 08.02.2021. The petitioner was released on bail for the first and third FIRs on 25.02.2021 and 26.02.2021, respectively. He was arrested again on 01.03.2021 for the present case without being informed of its pendency at the time of his earlier release. The petitioner contended that the offense is punishable up to seven years, and no notice under Section 41(A) Cr.P.C. was served prior to his arrest. The prime allegation involved a vehicle carrying coal without proper documents and valid GST payment.

Key Issues

1. Whether the subsequent arrest of the petitioner in Abhayapuri PS Case No. 97/2021, after his release on bail in other cases, without informing him of the pendency of this case, violates the mandate of law laid down in Arnesh Kumar Vs. State of Bihar & Another, particularly concerning offenses punishable up to seven years where Section 41(A) Cr.P.C. notice is required? Petitioner's Contention: The petitioner argued that his arrest was bad in law as it deprived him of his legal right to defend himself, citing the directions in Arnesh Kumar Vs. State of Bihar & Another. He emphasized that he was not informed about the pendency of the current case when he was released on bail for other FIRs, and that no notice under Section 41(A) Cr.P.C. was served prior to his arrest for an offense punishable up to seven years. Revenue/State's Contention: The learned Additional Public Prosecutor fairly admitted the violation of the mandate of law laid down in Arnesh Kumar Vs. State of Bihar & Another.

Sections Cited

Section 439 Cr.P.C., Section 420 IPC, Section 468 IPC, Section 11(i)(a) of Prevention of Cruelty to Animals Act, 1960, Section 41(A) Cr.P.C.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page No.# 1/2 GAHC010045512021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./623/2021 ABDUL KADER S/O. NUR MOHAMMAD SK, VILL. KAREYA PAHAR, P.S. JOGIGHOPA, DIST. BONGAIGAON. VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM. Advocate for the Petitioner : MR. D DAS SR. ADV Advocate for the Respondent : PP, ASSAM BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

:: O R D E R :: 08-03-2021

By this application under Section 439 Cr.P.C., the accused-petitioners, namely, Abdul Kader has sought for bail in connection with Abhayapuri Police Station Case No. 97/2021 registered under Sections 420/468 of IPC. Primarily raising the contention that the direction and observation given in the Arnesh Kumar Vs. State of Bihar & Another reported in (2014) 8 SCC 273, present bail application has been moved contending that there is violation of the direction given by the Apex Court. Reference has been made to the documents annexed and that the first FIR was lodged against the present petitioner

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