Page No.# 1/4 GAHC010055992024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/721/2024 MD ABDUL KADER AND 4 ORS S/O LATE MIR ALI, R/O VILL- GENDHALITARY, P.O.-TAPABORI, P.S.-HAJO, DIST- KAMRUP, ASSAM 2: MD ASHRAF ALI S/O LATE BANDESH ALI R/O VILL- BANGALPARA P.S.-HAJO DIST- KAMRUP ASSAM 3: ABDUS SAMAD @ SAMAD ALI S/O LATE MONTAZ ALI R/O VILL- GENDHALITARY P.O.-TAPABORI P.S.-HAJO DIST- KAMRUP ASSAM 4: MD. SUJAB ALI R/O VILL- BANGALPARA P.S.-HAJO DIST-KAMRUP (M) ASSAM 5: MD. ABDUL BASED S/O LATE MIR ALI R/O VILL- GENDHELITARY P.O.-TAPABORI P.S.-HAJO DIST- KAMRUP ASSA VERSUS Page No.# 2/4 THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,MR. L MOHAN,MRS. K H CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.01.2025 Heard Mr. J.I. Borbhuiya, learned counsel for the applicants and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Hajo P.S. Case No. 37/2024, under Sections 120(B)/420/468 of the I.P.C., this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicants namely, Md. Abdul Kader; Md. Ashraf Ali; and Abdus Samad @ Samad Ali for grant of pre-arrest bail. 3. It is to be noted here that the said case has been registered on the basis of an F.I.R. lodged by one Md. Sukur Ali, on 27.12.2023. The essence of allegations in the F.I.R. against the applicants are that by forging the signature of the informant, they have prepared a forged Baina Patra and got their names mutated in a plot of land measuring 1 Bigha 2 Katha 10 Lechas, covered by Dag No. 423 of K.P. Patta No. 74 of Gendhelitary village and got possession of the same. 4. Mr. Borbhuiya, learned counsel for the applicants submits that the Page No.# 3/4 informant has already filed one civil suit, being Title Suit No. 139/2022, before the court of learned Munsiff, Kamrup at Amingaon and in the said title suit, he has not received his desirable result and thereafter, he lodged the present F.I.R. with the Director of Vigilance and Anticorruption Department and thereafter, Hajo P.S. Case No. 37/2024 has been registered. Mr. Borbhuiya further submits that this court was pleased to grant interim protection to the applicants, vide order dated 18.03.2024, and pursuant to the said order, the applicants had appeared before the I.O. and cooperating with the investigating agency and their statements have also been recorded and therefore, it is contended to make the interim order dated 18.03.2024, absolute in the same terms and conditions. 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor by producing the case diary before this court, fairly submits that the applicants had appeared before the I.O. and their statements are recorded. Mr. Sarma further submits that the I.O. has collected the signatures of the informant and sent the same along with the original Binanama to the F.S.L., but the F.S.L. report is awaited. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor. 7. In view of the submissions of learned counsel for both the parties and also considering the fact that the applicants have been cooperating with the investigating agency and also the progress of investigation, this court is of the view that their custodial interrogation seems to be unwarranted here in this case. Therefore, this court is inclined to make the interim order dated 18.03.2024, absolute in the same terms and condition. Page No.# 4/4 8. In terms of above this AB stands disposed of. 9. The case diary be returned. JUDGE Comparing Assistant