The Gauhati High Court granted absolute anticipatory bail to four petitioners under Section 438 Cr.P.C., finding the dispute over land possession to be potentially civil in nature and custodial interrogation unwarranted.
Interim bail granted on 09.01.2018 made absolute; case disposed.
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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GAHC010001652018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 50/2018
1:RABI KUMAR BOSE
S/O- LATE RABI KUMAR BOSE, R/O- H NO. 30B, PRAGATI PATH, BYE LANE NO.1, P.O LALGANESH, P.S- DISPUR, GUWAHATI, DIST- KAMRUP(M), ASSAM
2: PROTIMA BOSE W/O- RABI KUMAR BOSE R/O- H NO. 30B PRAGATI PATH BYE LANE NO.1 P.O LALGANESH P.S- DISPUR GUWAHATI DIST- KAMRUP(M) ASSAM
3: AMAR DEEP BOSE S/O- RABI KUMAR BOSE R/O- H NO. 30B PRAGATI PATH BYE LANE NO.1 P.O LALGANESH P.S- DISPUR GUWAHATI DIST- KAMRUP(M) ASSAM
4: KRISHNA BOSE W/O- RABI KUMAR BOSE R/O- H NO. 30B PRAGATI PATH BYE LANE NO.1
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P.O LALGANESH P.S- DISPUR GUWAHATI DIST- KAMRUP(M) ASSA VERSUS 1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M J BARUAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 06-02-2018
Heard Mr. M.J.Baruah, learned counsel for the accused petitioners. Also heard Ms. A.Begum, learned Additional Public Prosecutor, Assam.
By filing this pre-arrest bail application under Section 438 Cr.P.C., the accused petitioners 1)
Sri Rabi Kumar Bose, 2) Smti Protima Bose, 3) Sri Amar Deep Bose and 4) Smti Krishna
Bose apprehending arrest in connection with Dispur P.S.Case No.3498/2017 IPC U/S 406/506 IPC are praying for anticipatory bail.
Perused the record and case diary.
As it appears from the nature of accusation and the statement of the informant that they are occupying the land of the present petitioners since 1986. They have made an agreement by paying an amount of Rs.10,000/- for sale of the land and despite such possession the petitioners have not registered the sale deed in their favour, rather they have threatened the informant to vacate the land. In view of the agreement between the parties the informant can go for enforcement of the same by way of filing civil suit but same has not been done.
In the given circumstances it appears that custodial interrogation of accused petitioners
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is unwarranted. Accordingly interim bail granted earlier to them 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 anticipatory bail should be made absolute when the dispute appears to be civil in nature regarding land possession.
Whether custodial interrogation of the accused petitioners is warranted in the given circumstances.
1 provisions across 1 enactments
Rabi Kumar Bose
Protima Bose
Amar Deep Bose
Krishna Bose
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
