Application for pre-arrest bail under Section 438 Cr.PC rejected. Court held that granting bail would adversely affect investigation into questions papers leak, and vacated prior interim bail.
Application for pre-arrest bail rejected; interim bail granted on 27.02.2018 vacated.
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GAHC010037272018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 543/2018
1:IKRAMUL ISLAM
S/O. SHAHAZAMAL SK, VILL. BHIMAPARA, P.O. HATSINGIMARI, P.S. SUKCHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. P.P., ASSAM
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 21-03-2018
This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioner, namely, Ikramul Islam, in connection with Sukchar PS Case No. 10/2018, corresponding to GR Case No. 130/2018, under Sections 420/407 IPC.
Heard Mr. B. Choudhury, learned counsel for the petitioner as well as Mr. N.J. Dutta, learned Additional Public Prosecutor for the state respondent. Case diary produced has been perused.
The investigation of the case shows that further investigation on the important aspects of Whatsapp leakage of the question-paper of English Subject in the recent HSLC Examination is required to be done more vigorously. The present petitioner, although appeared before the investigating police officer after he was granted interim pre-arrest bail, vide order dated 27.2.2018, yet, in his statement before the police, he had made some facts known to the investigating police officer which requires thorough investigation, as indicated above.
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The release of the present petitioner on pre-arrest bail is likely to effect the investigation of the case adversely.
That being so, in the considered view of this court, this is not a fit case to grant the privilege of pre-arrest bail to the petitioner, and therefore, his prayer for pre-arrest bail is rejected. The interim pre-arrest bail granted to the petitioner, vide order dated 27.2.2018, is vacated. The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the applicant in connection with the English question paper leakage case.
Whether the release of the applicant would adversely affect the investigation.
1 provisions across 1 enactments
Ikramul Islam
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
