In an application for pre-arrest bail, the Gauhati High Court allowed the petition and made the interim bail order absolute, holding that custodial interrogation was unnecessary despite allegations related to fake educational testimonials.
Pre-arrest bail application allowed and interim bail order made absolute on same terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010195652018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2752/2018
1:CHAMPAWATI CHETIA GOGOI
SENIOR SUBJECT TEACHER, LAKWA TANTIA HIGHER SECONDARY SCHOOL, PS LAKWA, DIST. SIVASAGAR, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. M A ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 04-10-2018
Heard Mr. MA Islam, learned counsel for the petitioner and Mr. NK Kalita, learned Addl. PP, Assam.
This is an application under Section 438 Cr.P.C. filed by the petitioner, namely, Champawati Chetia, praying for pre-arrest bail apprehending arrest in connection with Simaluguri PS Case No.18/2018, under Sections 120(B)/420/468/471 IPC.
Case diary called for is received and perused.
The allegations made in the FIR is that, one Binanda Saikia appointed as Principal, deposited certain educational testimonials at the time of the appointment,
Page No.# 2/2
which were found to be fake and forged. The present petitioner was the member of the Selection Board.
The materials in the case diary do not reflect any incriminating materials against the present petitioner who was a part of the selection board, as the forgery was detected subsequently.
The petitioner was granted interim bail by order dated 07.09.2018.
Having considered the materials in the case diary and the nature of allegations made in the FIR, this Court is of the view that custodial interrogation of the petitioner may not be necessary in the instant case and as such, it appears to be a fit case for extending the benefit of pre-arrest bail to the petitioner.
Accordingly the petition for pre-arrest bail is allowed and the order dated 07.09.2018, granting interim bail to the petitioner is hereby made absolute under the same terms and conditions.
The pre-arrest bail application stands disposed off.
Send back the case diary.
J U D G E
Smita
Comparing Assistant
1 issue framed by the court
Whether the petitioner is a fit case for granting pre-arrest bail in the given circumstances.
1 provisions across 1 enactments
CHAMPAWATI CHETIA GOGOI
THE STATE OF ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
