In a bail application under Section 438 Cr.PC, the Gauhati High Court converted interim pre-arrest bail into absolute bail. The court found no incriminating material in the case diary requiring custodial interrogation, noting the petitioner had already been interrogated.
Prayer for pre-arrest bail allowed; interim bail order 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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GAHC010055242019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 780/2019
1:PABITRA KUMAR GOGOI
S/O LATE LAKHESWAR GOGOI, R/O VILL-BOGINADI MAJGAON, P.O.BOGINADI, P.S.-BOGINADI, DIST-LAKHIMPUR, ASSAM
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A KHANIKAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 23-07-2019
Heard Mr. A Khanikar, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, appearing for the State of Assam.
By this application, under Section 438 of the Cr.PC, the petitioner, namely, Sri Pabitra Kumar Gogoi , has prayed for granting pre-arrest bail apprehending arrest in connection with Boginadi PS Case No. 46/2019 under Sections 420/406/294/323/384 of the IPC.
Case diary called for is received and perused.
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It appears that the petitioner was granted interim pre-arrest bail and he has been interrogated by the police in the meantime.
The allegation made against the petitioner was that he took Rs. 10,000/- from the informant to provide medicine for the treatment to the brother of the informant. However, neither the medicine was provided by the petitioner nor he returned the money.
The case diary does not reveal any incriminating materials against the petitioner requiring his custodial interrogation for the investigation of the present case. Therefore, the prayer for pre-arrest bail deserves to be allowed.
Accordingly, the order, dated 15.03.2019, granting interim bail to the petitioner is hereby made absolute under the same terms and conditions.
The pre-arrest bail application stands disposed off.
Send back the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted in an IPC cheating case where the case diary reveals no incriminating material.
1 provisions across 1 enactments
PABITRA KUMAR GOGOI
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
