Gauhati High Court
Ayub Ali vs The State Of Assam on 27 April, 2021
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GAHC010044342021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/824/2021
AYUB ALI
S/O. DILDAR ALI, VILL. PACHIM BILASHPUR, P.S. DHALIGAON, DIST.
CHIRANG, BTR, ASSAM, PIN-783385.
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. A M AHMED
Advocate for the Respondent : PP, ASSAM
Linked Case : AB/702/2021
JAKIR ALI
S/O DILDAR ALI
VILL-PACHIM BILASHPUR
P.S.-DHALIGAON
DIST-CHIRANG
BTR (ASSAM)
PIN-783385
VERSUS
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THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM
------------
Advocate for : MR. A M AHMED
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 27.04.2021
Heard Mr. A. Motin, learned counsel for both the petitioners in AB No.
824/2021 and AB No. 702/2021 and Mr. T.K.Mishra, learned Additional Public
Prosecutor for the State of Assam.
By these two applications preferred under Section 438, Code of Criminal
Procedure, 1973 (CrPC), the petitioner in AB No. 824/2021 viz. Ayub Ali and the
petitioner in AB No. 702/2021 viz. Jakir Ali have approached this Court seeking
the benefit of pre-arrest bail, apprehending their arrest, in connection with
Dhaligaon Police Station Case No. 53/2021 registered for offences under
Sections 379/411, Indian Penal Code (IPC) read with Section 7 of the Essential
Commodities Act, 1955 read with Section 23 of the Petroleum Act, 1934.
The concerned case diary was called for by earlier orders dated
08.03.2021, 16.03.2021, 22.03.2021, 05.04.2021 and 22.04.2021 but the case
diary has not been produced till date.
Learned Additional Public Prosecutor has submitted that the concerned
case diary could not be produced on those dates as well as today as the
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Investigating Officer of the case is undergoing treatment.
Learned counsel for the petitioners has submitted that the offence under
Section 7, Essential Commodities Act, 1955 and the offence under Section 23 of
the Petroleum Act, 1934 are bailable in nature. He has further submitted that no
complaint has been received that the alleged petroleum products involved in the
case have been stolen from any place. Submitting as above, he has prayed for
interim protection pending further consideration on the basis of the materials in
the case diary, as and when the same is produced.
I have considered the submissions of the learned counsel for the parties.
The offence under Section 7, Essential Commodities Act, 1955 has been held to
be bailable by the judgment and order dated 27.11.2017 passed by division
bench of this Court in AB no. 1205/2017 [ Jayanta Kumar Das vs. the State of
Assam]. Similarly, in Kailash Kumar Agarwalla vs. the State of Assam , reported
in 2004 (2) GLT 347, the offence under Section 23(1)(a), Petroleum Act, 1934
has been held to be bailable.
In view of non-production of the case diary on several occasions, as stated
above, and in view of the afore-stated position of law, it is provided, in the
interim, that in the event of the petitioners in connection with Dhaligaon Police
Station Case No. 53/2021 they shall be released on bail on furnishing a bail
bond of Rs. 10,000/- each with one local surety each of the like amount to the
satisfaction of the arresting authority, subject to the conditions that :
1. The petitioners shall appear before the Investigating Officer of the
case within a period of 10 (ten) days from today and shall cooperate
with the investigation of the case;
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2. The petitioners shall not directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to the Court or to
any police officer;
3. The petitioners shall not obstruct or hamper the police investigation
and not play mischief with the evidence collected or yet to be collected
by the police.
List the case on 28.05.2021 to enable learned Additional Public Prosecutor
to produce the concerned case diary on that date.
JUDGE
Comparing Assistant
