The Gauhati High Court granted interim bail made absolute in an anticipatory bail application filed by petty accused in a case involving death by electrocution. The court held custodial interrogation not warranted as evidence did not show intent to kill.
Interim pre-arrest bail order dated 29.07.2020 made absolute; application disposed.
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GAHC010097482020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1797/2020
1:LOKMAN ALI @ LOKMAN AKAND AND ANR
S/O GIAS UDDIN AKAND, R/O VILL-GUTIPARA PART-IV, P.S.-BILASIPARA, DIST-DHUBRI, ASSAM
2: JAKARIYA AKAND S/O JAHAN UDDIN AKAND R/O VILL-GUTIPARA PART-IV P.S.-BILASIPARA DIST-DHUBRI ASSA
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A A R KARIM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 13-10-2020
By this application under Section 438 of the CrPC, the petitioners, namely, 1. Sri Lokman Ali @ Lokman Akand and 2. Sri Jakariya Akand have prayed for pre-arrest bail in connection with Bilasipara Police Station Case No. 428/2020 (corresponding to GR Case No. 685/2020) registered under Sections 120(B)/304/34 of the IPC.
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Heard the learned counsel appearing for both the sides and also perused the case diary produced before me, including the post mortem report.
The allegation against the petitioners is that the present petitioners took the informant’s son from home and asked him to climb a nearby electricity pillar to fix the barrel. However, while the informant’s son climbed the electricity poll and was fixing the barrel, he got electrocuted and was seriously injured. Although the victim and was admitted in hospital, however, after a few days, the informant’s son died in the hospital. The informant has alleged in the FIR that his son was killed by the accused persons in a pre-planned manner.
Learned counsel for the petitioners submits that the informant’s son used to do electrical works and, on the date of occurrence, as there was no electricity in the locality, the petitioners asked the informant’s son to check the electricity connection by climbing the electricity poll and to fix the connection, however, he accidentally got electrocuted.
From the statements of the witnesses it appears that the victim used to do electrical works and, on the date of occurrence he climbed up an electrical poll to fix an electrical wire which was not properly connected. However, due to sudden connectivity of electricity, he got electrocuted and was seriously injured.
From the case diary and the materials available on record, it cannot be held that the accused petitioners intended to cause death, or to kill the deceased as alleged in the FIR.
In view of the above, this Court is of the opinion that custodial interrogation of the accused petitioners is not warranted.
Accordingly, the order dated 29.07.2020, passed by this Court granting interim prearrest bail to the petitioners is hereby made absolute.
Anticipatory Bail Application stands disposed of.
Return the Case Diary.
Comparing Assistant
2 issues framed by the court
Whether to grant interim pre-arrest bail made absolute in anticipatory bail application regarding death by electrocution.
Whether custodial interrogation is warranted against the accused.
1 provisions across 1 enactments
Lokman Ali @ Lokman Akand and Anr
The 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
