Allowed

Pradip Laskar and 2 Ors. v. the State of Assam

Gauhati HC11 Dec 2018AB/1409/2018

Case brief

AI extract

What is this about?

The Gauhati High Court considered a petition for anticipatory bail under Section 438 Cr.P.C. The court found that custodial interrogation was not necessary and the case appeared to be based on suspicion regarding an accidental death. The interim bail was made absolute.

What did the court decide?

Interim pre-arrest bail made absolute subject to appearing before the investigating officer when required.

Pradip Laskar and 2 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010100172018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 1409/2018

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1:PRADIP LASKAR AND 2 ORS.

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S/O- LT HAREN LASKAR, R/O- KAMPUR ATIGAON, P.S. KAMPUR, DISTNAGAON, ASSAM

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2: DIPANKAR LASKAR @ RAJA LASKAR S/O- PRADIP LASKAR R/O- KAMPUR ATIGAON P.S. KAMPUR DIST- NAGAON ASSAM

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3: SMT. KAKALI BAISHYA @ KAKALI LASKAR W/O- DIPANKAR LASKAR R/O- KAMPUR ATIGAON P.S. KAMPUR DIST- NAGAON ASSA

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VERSUS 1:THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MR. A GANGULY

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 11-12-2018

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Heard Mr. A Ganguly, learned counsel for the petitioners and Mr. TK Mishra, learned Additional Public Prosecutor for the State respondent.

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By this petition filed under Section 438 Cr.P.C. the petitioners, namely, 1. Pradip Laskar,

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Dipankar Laskar @ Raja Laskar and 3. Smti Kakali Baishya @ Kakali Laskar have prayed for granting of pre-arrest bail apprehending their arrest in connection with Kampur P.S. Case No.88 of 2018 under Section 120(B)/302 of the IPC.

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Case diary as called for is placed before the Court.

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Mr. A Ganguly, learned counsel for the petitioners, submits that the allegations made in the FIR are false. According to Mr. Ganguly, the deceased in fact fell from the upstairs of the building intoxicated condition and the petitioner No.1, Pradip Laskar, retired Teacher of Kampur college, immediately shifted him to the hospital on humanitarian ground. The family members of the deceased suspected of homicidal death and therefore, filed the FIR.

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Mr. TK Mishra, learned Additional Public Prosecutor, submits that the cause of death of the deceased Indra Borah on 21.04.2018 was accidental as he accidently rolled down from the upstairs and as a result of head injuries, sustained, he succumbed to his injuries in the Gauhati Medical College & Hospital on 22.04.2018.

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In the backdrop of the above facts and circumstances, this Court finds that custodial interrogation of the petitioner may not be required in the interest of investigation. Scrutiny of

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Page No.# 3/3

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the case diary reveals that it is a case of suspicion. Post mortem report also shows that the deceased died of head injury.

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In view of the above reasons, the interim pre-arrest bail granted vide order, dated 17.05.2018, is hereby made absolute subject to the conditions that the petitioners shall appear before the investigating officer as and when required.

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Return the case diary.

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JUDGE

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Comparing Assistant

Pradip Laskar and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Pradip Laskar and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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