THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

29.11.2022 Heard Mr. S. Paul, learned counsel for the applicant and Mr. R.J. Barua, learned Addl. P.P. for the State respondent. Apprehending arrest in connection with Tamulpur PS Case No.177/2022 under section 13(1) of the Assam Cattle Preservation Act, 2021, this application Page No.# 2/3 under section 438 Cr.P.C., is preferred by applicant Jahangir Ali for grant of pre- arrest bail. The said case has been registered on the basis of an FIR lodged by one WSI (P) Lokpriya Handique on 03.10.2022, to the effect that on receipt of secret information that a cow has been slaughtered and remains of the cow is lying at the place of occurrence in Darangamela, she has visited the place of occurrence with staff and driver and found remains of slaughtered black cow and weighing scales and weapons and seized the same in presence of local witnesses. Mr. Paul submits that pursuant to the order of this court dated

17.11.2022, the applicant has appeared before the IO and his statement is recorded and he has been co-operating with the Investigating Agency and, therefore, contended to make the interim order, dated 17.11.2022, absolute in the said terms and conditions. On the other Mr. Barua, learned Addl. PP by producing the case diary before this court, submits that the statement of the applicant is not available in the case diary and updated case diary may be called for from the IO concerned. Mr. Barua further submits that investigation of the case is completed and it is pending for apprehension of the present applicant only. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of Mr. Barua, learned Additional Public Prosecutor. It appears that the material part of investigation is almost completed and the case is pending for apprehension of the present applicant, and who, as per learned counsel for the applicant, has already appeared before the IO. Since the applicant has appeared before the IO and since the material part of investigation is over, custodial interrogation of the applicant seems to be not necessary here in this case, and therefore, this court is inclined to make the interim order dated 17.11.2022 absolute in the said terms and conditions. Page No.# 3/3 In terms of above this AB stands disposed of. The case diary be returned. JUDGE Comparing Assistant