The petitioner sought anticipatory bail under Section 438 Cr.P.C. against arrest in a case for cheating. The court held custodial interrogation unnecessary and made the earlier interim bail absolute on same terms.
Interim pre-arrest bail granted on 3.7.2019 made absolute on same terms and conditions.
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GAHC010156452019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2094/2019
1:KABIR AHMED
ELECTED PRESIDENT OF NO. 18, KAPASHBARI G.P., S/O ALA UDDIN, R/O KAPASHBARI, P.O.-KAPASHBARI, P.S.-MURAJHAR, DIST-HOJAI, ASSAM, PIN-782445
VERSUS
1:THE STATE OF ASSAM REP BY PP, ASSAM
Advocate for the Petitioner : MR F K R AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 21-10-2019
Heard Mr. H.R.A. Choudhury, learned Senior Counsel, assisted by Mr. F.K.R. Ahmed, learned counsel for the petitioner as well as Ms. S.H. Bora, learned Additional Public Prosecutor for the State.
By this application under Section 438 Cr.PC., the accused-petitioner, namely, Kabir Ahmed has prayed for pre-arrest bail apprehending arrest in connection with Murajhar P.S. Case No. 245/2019 under Section 419/420/468/471/171 (F) IPC corresponding to G.R. Case No. 1511/2019.
Case diary produced has been perused.
On perusal of the materials in the case diary, this court is of the view that for the sake of investigation of the case, custodial interrogation of the petitioner is not necessary. On the other hand, he is not alleged to have misused the liberty granted to him while availing interim
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pre-arrest bail vide order dated 3.7.2019. Accordingly, the interim pre-arrest bail granted to the petitioner, vide order dated 3.7.2019 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 the grounds for granting interim pre-arrest bail are maintained to make the grant absolute
Whether custodial interrogation is necessary for the investigation of the offence
1 provisions across 1 enactments
Kabir Ahmed
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
