The Gauhati High Court allowed a pre-arrest bail application under Section 438 Cr.PC, holding that the case diary lacked incriminating material necessitating custodial interrogation. Bail granted subject to conditions.
Petitioner released on bail bond of Rs. 20,000 with one suitable surety upon arrest, subject to specific conditions.
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GAHC010070822019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 994/2019
1:BISHNU PRASAD
S/O- SRI TRILOKINATH PRASAD, R/O- AG ROAD, DIMAPUR, P.O AND P.SDIMAPUR, NAGALAND, PIN- 797001
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR A SHARMA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 23-07-2019
Heard Mr. SK Singh, 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 Bishnu Prasad , has prayed for granting pre-arrest bail apprehending arrest in connection with Nalbari PS Case No. 850/2018 under Sections 407/34 of the IPC.
Case diary called for is received and perused.
The allegation made in the FIR was that the informant hired a vehicle bearing
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registration No. NL01G8017 for transporting some timber and the driver of the vehicle was one Chhabilla Mahato. The timber was supposed to be brought to the shop of the informant. But, during transhipment, the driver along with the son of the owner of the vehicle sold away the timbers.
The case diary transpires that the timber alongwith the vehicle was seized from the possession of the driver named in the FIR. However, the case diary does not reflect any incriminating material justifying the necessity of custodial interrogation of the petitioner for the purpose of investigation. Therefore, the prayer for pre-arrest bail of the petitioner deserves to be allowed.
Accordingly, it is hereby provided that in the event of arrest of the petitioners, he shall be released on furnishing a bail bond of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority.
The pre-arrest bail is subject to the following conditions:-
The pre-arrest bail application stands disposed off.
Send back the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail apprehending arrest under Section 438 Cr.PC in a case involving cheating and forgery.
2 provisions across 2 enactments
Bishnu Prasad
State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
