AB/3107/2017 of RAFIKUL ISLAM and 2 ORS Vs THE STATE OF ASSAM on 22 December 2017

AB 3107/2017

BEFORE

HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

By this application u/s 438 of the CrPC accused petitioner Rafikul Islam, KuddusAli alias Abdul Kuddus Ali and Nurul Islam sought pre-arrest bail in connectionwith Rupahihat PS case 406/2013 u/s 120(B)/420/468/ 472 of the IPC.

Heard Mr SM Abdullah P, learned counsel for petitioner and Mr TK Misra, learned additional public prosecutor for the state.

According to informant, the accused purchased a plot from others by forging documents while according to accused he purchased the land bona fide by a registered sale deed(annexure 2) while the petitioners were witnesses as well as identifiers in the sale deed.

The matter relates to civil dispute. Petitioners were simply witnesses of the sale deed. Their custodial interrogation is unwarranted. They are allowed to go on pre-arrest bail of Rs 20,000 each with a surety of the like amount to the satisfaction of arresting authority in the event of their arrest in connection with the case. Accordingly the petition is disposed of.