The Gauhati High Court converted an interim anticipatory bail order into absolute bail for the petitioner in a case alleging Section 498A IPC, noting that the dispute arose from a domestic quarrel and no serious offense transpired.
Interim bail granted on 10.01.2018 is made absolute; case diary ordered to be returned.
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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GAHC010003472018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 60/2018
1:DEBASHISH SAHA
PERMANENT R/O REST CAMP, PANDU OPP. ASSAM RAILWAY COOPERATIVE, P.S. JALUKBARI
VERSUS
1:THE STATE OF ASSAM Guwahati
Advocate for the Petitioner : MR. M K DAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 13-02-2018
Heard Mr. A.K.Bhuyan, learned counsel for the accused petitioner and Mr. Goswami, learned Addl. P.P.Assam.
By filing this pre-arrest bail application under Section 438 Cr.P.C., the accused petitioner
Mr. Debashish Saha apprehending arrest in connection with Jalukbari P.S.Case No.08/2018 U/S 498(A)325/380/506/34 IPC is praying for anticipatory bail.
On perusal of case diary it transpires that apart from quarrel between husband (present petitioner) and wife/daughter of informant nothing serious happened between the parties so as to constitute offence U/S 498A IPC. In fact they are now in separation and on the day of the incident the wife went to the house of the present petitioner to bring back her sreedhan
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article there was some altercation and thereafter the present FIR was filed by the father of the wife.
Considering the matter in its entirety, this Court is of the view that custodial interrogation is not required. Interim bail granted earlier to the petitioner on 10.1.2018 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 prayer under Section 438 Cr.P.C. should be granted to the petitioner.
Whether the allegations constitute an offence involving heinous crimes warranting custodial interrogation.
Debashish Saha
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
