The Gauhati High Court disposed of an application for anticipatory bail under Section 438 Cr.P.C., making the interim order effective subject to previously imposed conditions after a perusal of the investigation materials.
The interim protection of pre-arrest bail granted on 21.10.2019 was made absolute subject to existing conditions.
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.
Page No.# 1/2
GAHC010254262019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3610/2019
1:SMT. RUMIJA KHATUN
D/O MD. RAHIM ALI KHANDAKAR, W/O NEKIB KHAN, VILL. MOULOBI BASTI, P.S. BISWANATH CHARIALI, P.O. PABHOI, DIST. BISWANATH, PIN784174
VERSUS
1:THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 27-11-2019
Heard Mr. A. Roshid, learned counsel for the petitioner. Also heard Mr. H. Sharma, learned Additional Public Prosecutor for the State.
By this application under Section 438 of the Cr.P.C., the petitioner namely, Smti Rumija Khatun has prayed for pre-arrest bail apprehending her arrest, in connection with Biswanath Chariali P.S. Case No. 335/2019, registered under Section 379/420/406/34, I.P.C.
Case diary called for, has been received and the same is perused. Also perused the contents of the FIR.
Page No.# 2/2
Pursuant to the interim order dated 21.10.2019, the petitioner has appeared before the I.O. and has been cooperating with the investigation of the case.
Upon consideration of the nature of the allegations made and the materials available in the case diary, this Court is of the view that custodial interrogation of the petitioner in connection with Biswanath Chariali P.S. Case No. 335/2019 is not necessary for the purpose of further investigation of the case.
In view of the same, the earlier protection of pre-arrest bail granted to the petitioner by the order dated 21.10.2019 is hereby, made absolute, subject to the conditions already indicated in the order dated 21.10.2019.
The bail application stands disposed of in the afore-mentioned terms.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to make the interim pre-arrest bail order absolute.
1 provisions across 1 enactments
Smt Rumiya Khatun
The State of Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
