This is a pre-arrest bail application under Section 438 Cr.P.C. The High Court rejected the prayer, holding that thorough investigation is necessary due to the nature of the offence and amount involved, and thus pre-arrest bail is not appropriate.
Prayer for pre-arrest bail rejected; application disposed of.
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GAHC010141082019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1886/2019
1:AMAL KANTI SUKLABAIDYA
S/O LATE LABAINNYA CH SUKLABAIDYA, R/O LINK ROAD LANE NO.1 OPPOSITE C/O LOKNATH APPARTMENT, P.O. AND P.S.-SILCHAR, DISTCACHAR, ASSAM
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 02-09-2019
This is an application, made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Amal Kanti Suklabaidya , apprehending arrest in connection with Silchar Police Station Case No. 1479/2019 , (corresponding to GR Case No. 2325/2019), registered under Section 381 of the IPC .
I have perused the petition and annexures thereto including the copy of the FIR. The case diary produced, has been perused.
Heard Mr. B Islam, learned counsel for the petitioner as well as Mr. H Sarma, learned Additional Public Prosecutor, appearing for the State of Assam.
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Considering the nature of offene alleged and the amount of money involved in this case, thorough investigation of the case is necessary to enable the investigating agency to unearth the fact leading to the alleged occurrence. Therefore, it is not considered appropriate to grant the privilege of pre-arrest bail to the petitioner.
That being so, the prayer for pre-arrest bail made by the petitioner is rejected . The anticipatory bail application stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioner apprehending arrest in a case under Section 381 IPC.
1 provisions across 1 enactments
Amal Kanti Suklabaidya
The State of Assam Represented By The Public Prosecutor, Assam
Hishesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
