Petitioner sought pre-arrest bail under Section 438 CrPC for alleged charges of cheating and dishonestly inducing delivery of property. The court dismissed the petition, noting the ailment was not serious and sufficient incriminating material existed in the case diary.
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GAHC010045012019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 623/2019
1:GANESH DEKA S/O SHRI BIKASH DEKA, R/O VILL-MOIRAPAR, PS-PALASHBARI, DISTKAMRUP, ASSAM
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. T DEURI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 06-03-2019
By this petition u/s 438 of the CrPC petitioner Sri Ganesh Deka sought pre-arrest bail in connection with Dispur PS case 2549/2017
u/s 420/406 of the IPC on the ground of ailment of the petitioner.
Heard Mr T Deuri, learned counsel for petitioner and Ms AA Begum, learned Addl. PP for the State.
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Perused medical documents enclosed. The ailment does not appear to be a serious disease. This court already went through the case diary and finding sufficient incriminating material suggesting the complicity of the accused rejected his bail prayer. There appears no ground to revisit the finding of the earlier order. Accordingly the petition is dismissed.
JUDGE
Na/
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be allowed given the petitioner's alleged illness and alleged incriminating material on record.
Whether there is sufficient ground to revisit the finding of an earlier order rejecting the bail prayer.
1 provisions across 1 enactments
Ganesh Deka
State of Assam Represented by the Public Prosecutor, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
