In an application under Section 438 Cr.PC seeking pre-arrest bail in connection with Section 420/294/506 IPC, the Gauhati High Court allowed the prayer after finding no need for custodial interrogation.
The prayer for pre-arrest bail is allowed; the interim pre-arrest bail order dated 2.4.2019 is 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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GAHC010071082019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 987/2019
1:MD. AJNUR HAQUE
S/O LATE MD. ARIF ALI, R/O VILL-NIRANSUBA (PATHORIGHAT), P.S.SIPAJHAR, DIST-DARRANG, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR S DEKA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 01-10-2019
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Md. Ajnur Haque, in connection with Sipajhar PS Case No. 775/2018 registered under Sections 420/294/506 of the IPC.
Heard Mr. S Deka, learned counsel for the accused-petitioner as well as Ms. A. Begum, learned Additional Public Prosecutor, appearing for the State of Assam. Case diary produced has been perused.
On perusal of the materials in the case diary, it appears that the petitioner appeared before the investigating officer after obtaining interim pre-arrest bail. He is not alleged to have misused the liberty granted to him while availing interim pre-arrest bail. On the other hand, the materials in the case diary, on perusal, do not justify custodial interrogation of the
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petitioner, and accordingly, his prayer for pre-arrest bail is allowed. The interim pre-arrest bail granted to the petitioner, vide order dated 2.4.2019 is made absolute on the same terms and conditions. The petition stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail shall be granted to the accused-petitioner without justification for custodial interrogation.
2 provisions across 2 enactments
MD. AJNUR HAQUE
THE STATE OF ASSAM
HITESH KUMAR SARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
