This judgment grants pre-arrest bail to the petitioner under Section 438 Cr.PC in a Section 394 IPC case. The court held that custodial interrogation was unnecessary as the petitioner's statement had already been recorded. The interim bail was made absolute.
Interim pre-arrest bail granted on 05.02.2019 is made absolute on the 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.
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GAHC010012462019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 153/2019
1:SOPIKUL ISLAM
S/O MD. BABOR ALI, R/O VILLAGE BHAKHURADIA, PS NAGARBERA, DIST. KAMRUP (R), ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. A PARAMANIK
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 07-03-2019
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Md. Sopikul Islam, in connection with Nagarbera PS Case No. 174/2018 registered under Section 394 of the IPC.
Heard Mr. A Paramanik, learned counsel for the accused-petitioner as well as Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State of Assam.
Perused the case diary produced before this court.
On perusal of the materials in the case diary, it does not appear that custodial interrogation of the accused-petitioner is necessary for the purpose of investigation of the case. On the other hand,
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the accused-petitioner, while availing interim pre-arrest bail, appeared before the Investigating Police Officer and has also got his statement recorded. He is not alleged to have misused the liberty granted to him. That being so the accused-petitioner is granted the privilege of pre-arrest bail.
Accordingly, the interim pre-arrest bail granted to the accused-petitioner, on 05.02.2019, is made absolute on the same terms and conditions.
This petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the application seeking pre-arrest bail under Section 438 Cr.PC should be allowed.
Whether custodial interrogation is necessary for the investigation of the case.
2 provisions across 2 enactments
Md. Sopikul 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
