The Gauhati High Court allowed an appeal seeking pre-arrest bail under Section 438 CrPC in a Section 498A IPC case. The court noted no misuse of interim bail and found custodial interrogation unnecessary, making the interim bail absolute.
The prayer for pre-arrest bail allowed; interim pre-arrest bail made absolute on same terms.
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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GAHC010129312019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1720/2019
1:FARDEEN ALI KHAN
S/O LT. UMED ALI, PERMANENT R/O OF H/NO. 51, TARUN RAM PHOOKAN ROAD, MACHKHOWA UNDER BHARALUMUKH POLICE STATION, GUWAHATI-01, DIST.-KAMRUP (M), ASSAM, PRESENTLY RESIDING AT FLAT NO. 1, BUILDING NO. 21B, TAKSHILA CO-OPERATIVE HOUSING SOCIETY LTD. OF MAHALAKI CAVE ROAD, ANDHERI (EAST), MUMBAI400093
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR D TALUKDAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 30-08-2019
This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioner, namely, Fardeen Ali Khan, in connection with All Women P.S. Case No. 02/2019 Sections 498 A of the IPC.
Heard Mr. D. Talukdar, learned counsel for the petitioner as well as Mr. H. Sarma, learned Additional Public Prosecutor for the state respondent. Case diary produced has been perused.
It appears from the case diary that the petitioner appeared before the investigating officer after he was granted interim pre-arrest bail on 11.6.2019 and got his statements recorded.
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He is not alleged to have misused the liberty granted to him while availing interim pre-arrest bail. On the other hand, on perusal of the materials in the case diary, it does not appear to this court that custodial interrogation of the petitioner is essential for the purpose of investigation of the case. That being so, the prayer for pre-arrest bail of the petitioner is allowed.
The interim pre-arrest bail granted to the petitioner, vide order dated 11.6.2019 is made absolute on the same terms and conditions. The petition stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner despite his prior interim bail.
Whether custodial interrogation is essential for the investigation of the case.
2 provisions across 2 enactments
Fardeen Ali Khan
The State of Assam Rep By the PP, Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
