In an anticipatory bail application under Section 438 Cr.PC, the Gauhati High Court examined the necessity of custodial interrogation. Finding no material justification in the case diary for detention, the court confirmed the interim bail.
The interim pre-arrest bail order dated 04.06.2019 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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GAHC010125942019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1682/2019
1:MANIK DAS
S/O. SRI DHARMA DAS, R/O. CHRISTANBASTI, P.S. DISPUR, DIST. KAMRUP (M), ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. S MUNIR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 22-07-2019
By this application under Section 438 Cr.PC, the petitioner, Sri Manik Das has prayed for pre-arrest bail, apprehending arrest in connection with Dispur P.S. Case No.1578/2019 under Section 325/379/506/427/34 IPC.
Heard Mr. S. Munir, learned counsel for the petitioner as well as Ms. S.H. Bora, learned Addl. P.P. for the state respondent.
Case diary called for is received and perused.
As per the allegation made in the FIR, the petitioner assaulted the informant
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and also took away his gold chain.
The petitioner was granted interim pre-arrest bail and he has been interrogated in the meantime.
Case diary does not reflect any material justifying the necessity of custodial interrogation of the petitioner and as such, the prayer for pre-arrest bail deserves to be allowed. Accordingly, the order dated 04.06.2019 granting interim pre-arrest bail to the petitioner is hereby made absolute in the same terms and conditions.
Bail application is disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the prayer for pre-arrest bail should be allowed given the lack of material justifying custodial interrogation.
Whether the interim pre-arrest bail order should be confirmed.
1 provisions across 1 enactments
MANIK DAS
THE STATE OF ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
