The Gauhati High Court granted bail to the petitioner, husband of the original petitioner, who was detained for 40 days in a case of cheating and criminal trespass, finding further custodial detention unnecessary for investigation.
Bail granted on Rs. 20,000 with one suitable surety of the like amount.
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.# 1/3
GAHC020005102019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Case No. : BA 9/2019
1:TEMSUINLA R/O AONOKPU YIMSEN, MOKOKCHUNG, N/L
VERSUS
1:THE STATE OF NAGALAND KOHIMA, N/L
Advocate for the Petitioner : HORMI P
Advocate for the Respondent : GOVT ADV NL
BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 13-11-2019
This is an application under Section 439, Code of Criminal
Procedure, 1973 praying for bail of the husband of the petitioner, Shri John Walasalm, who is in detention in connection with Longjem Police Station Case No. 1/2019 (G.R. Case No. 65/2019) registered under Section 420/506, Indian Penal Code (IPC).
Heard Mr. Hormi P., learned counsel for the petitioner. Also
heard Ms. V. Suokhrie, learned P.P. for the State.
Page No.# 2/3
Case diary called for, is received and perused.
The petitioner has been in custody since 05.10.2019.
Perused the FIR. Also perused the statements made in the application.
It is submitted by the learned counsel for the petitioner that the petitioner is in custody for 40 days and as sufficient progress in the investigation might have been made, his further detention is not necessary.
It is submitted by learned P.P. that the investigation of the case is not completed as on date.
On perusal of the case diary it is noticed that the statements of the petitioner has already been recorded.
Upon consideration of the nature of the allegations and the period of detention of the petitioner, I find that further custodial detention of the petitioner is not necessary for the purpose of investigation of the case. Accordingly, petitioner is allowed to go on bail with Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Mokokchung on the following conditions :-
Page No.# 3/3
inducement, threat or promise to any persons acquainted with the fact of the case so as to dissuade him from disclosing fact to the Court or to any police officer.
With the above terms, this application is disposed of. Return the case diary.
Sd/-
JUDGE
Comparing Assistant
1 issue framed by the court
Whether grant of bail is permissible after the petitioner has been in custody for 40 days in a case involving cheating and criminal trespass.
1 provisions across 1 enactments
TEMSUINLA
THE STATE OF NAGALAND
MANISH CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
