In an application under Section 438 Cr.P.C. for pre-arrest bail in a murder case, the Gauhati High Court made the petitioner's interim bail absolute. The court found no witness implication and noted the petitioner had not misused interim liberty.
The interim pre-arrest bail granted vide order dated 15-03-2019 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.
Page No.# 1/2
GAHC010045802019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 618/2019
1:PAMPI DEKA
W/O- SRI RUPAK PATGIRI, R/O- BHETAPARA BANI PATH, H.NO. 39, BYE LANE NO.3, P.S. BASISTHA, GHY-28, DIST- KAMRUP (M), ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. JYOTIRMOY ROY
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MR. JUSTICE HITESH KUMAR SARMA
:: O R D E R ::
04-04-2019
This is an application, made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Smt. Pampi Deka, apprehending arrest in connection with Basistha Police Station Case No. 290/2019 , (corresponding to GR Case No. 2884/2019), registered under Sections 302/34 of the IPC .
The case diary produced, has been perused.
Heard Mr. J Roy, learned counsel for the petitioner and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam.
On perusal of the materials in the case diary it does not appear that any of the witnesses has implicated the petitioner with the commission of the alleged offence. That apart, she is
Page No.# 2/2
already on interim pre-arrest bail and after obtaining interim pre-arrest bail, she appeared before the Investigating Police Officer. Her statement has already been recorded and she has not misused the liberty granted to her.
That being so, this is a fit case for grant of the privilege of pre-arrest bail to the petitioner. Accordingly, the interim pre-arrest bail granted to the petitioner, vide order dated 15-03-2019, is made absolute by this order with the same terms and conditions.
The anticipatory bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail given the absence of witness implication and lack of misuse of previous interim bail.
2 provisions across 2 enactments
Pampi Deka
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
