Allowed

Shri Nabam Tania v. the State of A.P.

Gauhati HC13 Dec 2019AB/184/2019

Case brief

AI extract

What is this about?

The Gauhati High Court considered an application for pre-arrest bail under Section 438 Cr.PC. Noting the petitioner had appeared before the investigating officer and no material indicated misuse of interim bail or need for custodial interrogation, the court made the interim bail absolute.

What did the court decide?

The interim pre-arrest bail granted vide order dated 25.10.2019 is made absolute on the same terms and conditions.

Shri Nabam Tania Vs the State of A.P. — Cheque Dishonour | Gauhati HC (2019)

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GAHC040000092019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : AB 184/2019

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1:SHRI NABAM TANIA

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S/O SHRI NABAM TAKEY, PERMAMNENT RESIDENT OF YUPIA-I VILLAGE, PO/PS DOIMUKH, PAPUMPARE DISTT, AP

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VERSUS

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1:THE STATE OF A.P. REPRESENTED BY PPAP

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Advocate for the Petitioner : T Rahul

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Advocate for the Respondent :

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BEFORE

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HONBLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 13-12-2019

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This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioner, namely, Shri Nabam Tania, in connection with Doimukh PS Case No. 47/2019 under Sections 448/506 IPC read with Section 25(1)(a)/27 of the Arms Act, 1959.

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Heard Mr. P. Tatam, learned counsel for the petitioners as well as Mr. J. Tsering, learned Public Prosecutor for the state respondent.

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Case diary produced has been perused.

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The petitioner has been on interim pre-arrest bail vide order, dated 25.10.2019. On perusal of the materials in the case diary, it is found that he has appeared before the investigating officer in accordance with the order granting him interim pre-arrest

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bail. There is no material to show that he has misused the liberty granted to him while availing interim pre-arrest bail. That apart, on perusal of the materials in the case diary, particularly the note of the investigating officer, dated 5.11.2019, it is found that no such material could be collected against the petitioner, and, in view of such note of the investigating officer, it does not appear to this court that custodial interrogation of the petitioner is essential for the purpose of investigation of this case. As indicated above, the petitioner already appeared before the investigating officer and his statement has been recorded, after he was granted interim pre-arrest bail.

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Such being the position, the interim pre-arrest bail granted to the petitioner vide the aforesaid order, is made absolute on the same terms and conditions.

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JUDGE

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Comparing Assistant

Shri Nabam Tania v. the State of A.P.

Case brief

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Shri Nabam Tania v. the State of A.P.

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