Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 147, 148, 149, 324, 325, 384, 447
Judgment
AB 4721/2012 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY This is an application filed under Section 438 CrPC seeking release of the petit ioners herein, on pre-arrest bail in connection with Dhula PS Case No.307/2012 u nder Section 147/148/149/447/324/325/384 of IPC. Perused the case diary and materials on record. Heard Mr. A Choudhury, learned counsel for the petitioners and Mr. BB Gogoi, lea rned Addl. Public Prosecutor. The FIR was lodged by one Julfikkar Ali alleging commission of offence under Sec tion 147/148/149/447/ 324/325/384 of IPC against the accused/petitioners. Learned counsel for the petitioner submits that the petitioners shall join the i nvestigation of the case. On perusal of the case diary and the materials available on record, I do not fin d sufficient incriminating material warranting custodial interrogation of the pe titioners in connection with the case and in the event of release of the petitio ners further investigation would not be adversely effected. Accordingly, the interim order passed by this Court on 20.11.2012 is hereby made absolute on condition that the petitioners shall appear before the I/O of the c ase, as and when required to do so.
Precedent status how later indexed judgments have treated this case
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