The Gauhati High Court allowed an anticipatory bail application under section 438 Cr.P.C. for three petitioners facing charges under sections 448/354/325/34 IPC. The court found no need for custodial interrogation and made the interim bail order absolute.
The interim order dated 19-02-2019 granting anticipatory bail was made absolute.
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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GAHC010034692019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 450/2019
1:DEEPAK GUWALA AND 2 ORS.
S/O SUKRAM GUWALA, R/O KELIDAN TEA ESTATE, 16 NO. LINE, DIST. NAGAON, ASSAM
2: SANJAY GUWALA S/O DEEPAK GUWALA R/O KELIDAN TEA ESTATE 16 NO. LINE DIST. NAGAON ASSAM
3: GULCHAN GUWALA S/O SRI LAKHAN GUWALA R/O KELIDAN TEA ESTATE 16 NO. LINE DIST. NAGAON ASSA
VERSUS 1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 20-06-2019
Heard Mr. S.M. Abdullah P., learned counsel for the petitioners and Mr. H.K. Sarma, learned Addl. Public Prosecutor for the State/respondent.
By this application under section 438 Cr.P.C., the petitioners, namely, (1) Sri Deepak Guwala, (2) Sri Sanjay Guwala and (3) Sri Gulchan Guwala have prayed for pre-arrest bail apprehending arrest in connection with Kaliabor P.S. Case No. 12/2019 under sections 448/354/325/34 IPC.
Perused the FIR and the documents annexed therewith. Also perused the case diary received today.
The petitioners were granted interim bail by order dated 19-02-2019 and they have been interrogated by the investigating officer in the meantime.
On perusal of the case diary, this does not appear to be a case requiring custodial interrogation of the petitioners, and therefore, the prayer for pre-arrest bail deserves to be allowed. Accordingly the order dated 19-02-2019 granting interim pre-arrest bail to the petitioners is hereby made absolute under the same terms and conditions.
This anticipatory bail application stands disposed of accordingly.
Send back the case dairy.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioners are eligible for pre-arrest bail apprehending arrest in connection with the specified FIR.
2 provisions across 2 enactments
Deepak Guwala and 2 Ors.
The State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
