Appellant filed anticipatory bail application under Section 438 Cr.P.C. apprehending arrest in IPC offences. Court observed all alleged offences are bailable, ruling application non-maintainable and disposing same.
Anticipatory bail application under Section 438 Cr.P.C. disposed of as non-maintainable since all offences are bailable.
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GAHC010001062019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 42/2019
1:NUPUR RANJAN SAIKIA @ NIPU AND 2 ORS. S/O LT. SARBESWAR SAIKIA, R/O VILLAGE BAMPARBATIA, BHOGI CHUBURI, PS TEZPUR, DIST. SONITPUR, ASSAM, PIN-784001
2: ASHIM SAIKIA @ BOON S/O LT. PARAMA R/O VILLAGE BAMPARBATIA BHOGI CHUBURI PS TEZPUR DIST. SONITPUR ASSAM PIN-784001
3: JITEN SAIKIA S/O LT. MANMOHAN R/O VILLAGE BAMPARBATIA BHOGI CHUBURI PS TEZPUR DIST. SONITPUR ASSAM PIN-78400
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. L R MAZUMDER
Advocate for the Respondent : PP, ASSAM
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BEFORE HON’BLE MR. JUSTICE HITESH KUMAR SARMA
:: O R D E R ::
10-01-2019
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioners, namely, 1. Sri Nupur Ranjan Saikia @ Nipu, 2. Sri Ashim Saikia @ Boon and 3. Sri Jiten Saikia, apprehending arrest in connection with Tezpur Police Station Case No. 2545/2018 , (corresponding to GR Case No. 4827/2018), registered under Sections 325/324/294/506/34 of the IPC .
I have perused the petition including the copy of the FIR annexed therewith.
Heard Mr. I Hussain, learned counsel for the petitioners as well as Mr. K Konwar, learned Additional Public Prosecutor, appearing for the State of Assam.
All the offences, under which the case has been registered, are bailable.
The learned counsel for the petitioners has submitted that Section 324 of the IPC is nonbailable, but since the said Section has not yet been notified by the Government as nonbailable, the same remains to be bailable till date.
Since the offences alleged are all bailable, this anticipatory bail application, under Section 438 of the Cr.P.C., is not maintainable.
Accordingly, this anticipatory bail application stands disposed of with the above observation.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether an anticipatory bail application under Section 438 Cr.P.C. is maintainable when the offences alleged are all bailable.
Whether Section 324 IPC constitutes a non-bailable offence pending government notification.
2 provisions across 2 enactments
Nupur Ranjan Saikia @ Nipu and others
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
