The Gauhati High Court, in an anticipatory bail application under Section 438 CrPC, converted interim bail granted earlier into absolute bail, holding that custodial interrogation was not warranted in the present case.
Interim anticipatory bail granted on 9.1.2018 was made absolute.
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.
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GAHC010002662018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 42/2018
1:RULEN HAZARIKA VILL AND P.O. BECHAMARI, P.S. DHING
VERSUS
1:THE STATE OF ASSAM
Advocate for the Petitioner : MR. K A MAZUMDER
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 05-02-2018
Heard Mr. R.A.Choudhury, learned counsel for the accused petitioner and Mr.T.K.Mishra, learned Addl. P.P.Assam.
By filing this anticipatory bail application U/S 438 CrPC the accused/ petitioner Rulen Hazarika apprehending arrest in connection with Nagaon Police Station Case No. 2720/2017 U/S 420/406/506/34 IPC is praying for anticipatory bail.
Perused the record and case diary.
According to the FIR, the Managing Director of Rownaque Multi Trade Pvt. Ltd situated at Mukut Manzil Morigaon Bus Stand,A.T.Road collected money from hundreds of people with
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the assurance to give employment in their establishment but the said assurance was not complied with. The present petitioner is the Director of the said company but nothing emerges to suggest his complicity.
Considering the matter in its entirety, it transpires that custodial interrogation of the accused petitioner is not warranted and accordingly, the interim bail granted to the petitioner earlier on 9.1.2018 is hereby made absolute.
A.B. stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to anticipatear bail in connection with the cheque bounce, cheating and forgery case.
Whether custodial interrogation of the accused petitioner is warranted.
1 provisions across 1 enactments
Rulen Hazarika Vill and P.O. Bechamari, P.S. Diring
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
