Single-judge order granting pre-arrest bail. Due to allegations of document misuse and lack of necessity for custodial interrogation, the court made the interim bail order absolute subject to existing conditions.
The interim bail order dated 26.07.2018 was made absolute subject to the conditions mentioned therein.
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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GAHC010160742018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2250/2018
1:SUDHIR CHOUDHURY
S/O SRI SATYA NARAYAN CHOUDHURY, R/O VILLAGE CHHATRIBARI, C.C. BUILDCON, PS PALTAN BAZAR, DIST. KAMRUP (M), ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. J I BORBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 03-01-2019
Heard Mr. J. I. Barbhuiya, learned counsel for the accused-petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State respondent.
This application under Section 438 Cr.P.C. has been filed by the petitioner, namely Shri Sudhir Choudhury seeking pre-arrest bail in connection with Paltanbazar P.S. Case No. 173/2016 registered under Sections 423/468/420/506 IPC read with Section 5 of the Assam Land Grabbing (Probibition) Act, 2010.
The objection raised by Mr, T. Sheikh on behalf of the informant is also heard.
Perused the case dairy produced by the learned Addl. Public Prosecutor.
It appears from the case dairy that the accused has appeared before the Investigating Officer in accordance with the order granting interim pre-arrest bail dated 26.07.2018. There is allegation of misuse of
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document. That being so, so the custodial interrogation of the petitioner is not necessary. Therefore, the interim order dated 26.07.2018 is made absolute subjection to the conditions mentioned in the interim order.
Bail application according stands disposed.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to make the interim pre-arrest bail order absolute pending investigation into allegations of document misuse.
1 provisions across 1 enactments
Sudhir Choudhury
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
