The High Court granted pre-arrest bail to the petitioner in a criminal case involving sections of the IPC and PDPP Act. The court found no incriminating material warranting custodial interrogation and made the interim bail absolute.
The petitioner's interim pre-arrest bail granted on 10-07-2019 is made absolute; the anticipatory bail application is disposed of.
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GAHC010220172019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
AB 2151/2019
1:PARAN ALI S/O- SALAM UDDIN VILL- BHANGNAMARI P.O. AND P.S. BHANGNAMARI DIST- NALBARI ASSAM, PIN- 781126
VERSUS
1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : J U AHMED Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 04-10-2019
By this application filed under Section 438 Cr.P.C., the petitioner, namely, Paran Ali, has prayed for granting him pre-arrest bail apprehending arrest in connection with Bhangnamari Police Station Case No. 23/2019 registered under Sections 143/448/427/147 of the IPC read with Sections 3/4 of the PDPP Act .
Perused the petition as well as the annexures furnished therewith. The case diary produced, has been perused.
Heard Mr. JU Ahmed, learned counsel for the petitioner and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
Perusal of the materials in the case diary do not reveal such incriminating materials justifying
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custodial interrogation of the petitioner. That being so, he is granted the privilege of prearrest bail.
The petitioner has been availing interim pre-arrest bail. He has appeared before the Investigating Police Officer in accordance with the order granting interim pre-arrest bail to him. His statement has already been recorded and he has not misused the liberty granted to him.
Accordingly, the interim pre-arrest bail granted to the petitioner, vide order dated 10-07-2019, is made absolute by this order with the same terms and conditions.
The anticipatory bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail given the lack of incriminating materials justifying custodial interrogation.
Whether the interim pre-arrest bail granted previously should be converted into absolute bail.
2 provisions across 2 enactments
Paran Ali
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
