The Gauhati High Court considered an application for pre-arrest bail under Section 438 Cr.P.C. in a cheating and criminal breach of trust case. The court observed the accused had cooperated with the investigation after interim bail and granted absolute pre-arrest bail on the same terms.
Pre-arrest bail granted; interim order dated 22.02.2019 made absolute.
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GAHC010032762019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 419/2019
1:NAYANKAMAL NATH
S/O SRI JATINDRA CHANDRA NATH, R/O HOUSE NO. 20, CHATRIBARI BEELPAR ROAD, UNDER PALTANBAZAR POLICE STATION, DISTRICT KAMRUP(M), ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. A M BORA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 12-03-2019
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Nayankamal Nath, in connection with BI(EO) PS Case No. 29/2018 registered under Sections 420/406 of the IPC.
Heard Mr. AM Bora, learned senior counsel for the accused-petitioner as well as Mr. TK Mishra, learned Additional Public Prosecutor, appearing for the State of Assam.
Perused the case diary produced before this court.
On perusal of the materials in the case diary and considering the nature of the offence alleged and also taking into account the fact that after obtaining interim pre-arrested bail, vide order dated
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22.02.2019, the accused-petitioner appeared before the Investigating Police Officer and has been cooperating with the investigation of the case, his custodial interrogation is not considered essential for the purpose of investigation of this case. That being so the accused-petitioner is granted the privilege of pre-arrest bail.
Accordingly, the interim pre-arrest bail granted to the accused-petitioner, on 22.02.2019, is made absolute on the same terms and conditions.
This petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be made absolute given the accused's cooperation with investigation.
2 provisions across 2 enactments
Nayankamal Nath
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
