The Gauhati High Court converted the interim pre-arrest bail order into an absolute one, stating that custodial interrogation is not necessary as the petitioner had already been interrogated.
The order dated 24.01.2020 granting interim pre-arrest bail was confirmed and 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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GAHC010013442020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 241/2020
1:ABDUL JABBAR
S/O- LT. SALIM UDDIN, VILL- FAKULI PATHER, P.O. SINGARI, P.S. JURIA, DIST.- NAGAON, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 27-02-2020
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Abdul Jabbar, apprehending arrest in connection with Juria P.S. Case No. 517/2019 (GR No. 6934/2019) under Section 120(B)/167/420/467/ 468/506/34 IPC.
Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner as well as Mr. T.K. Misra, learned Additional Public Prosecutor, appearing for the State of Assam.
Perused the FIR and the documents annexed with the petition and also the case
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diary produced today.
The petitioner was granted interim pre-arrest bail and he has already been interrogated by the Investigating Officer.
Having considered the materials in the case diary and also that the petitioner has already been interrogated, this court is of the view that custodial interrogation of the petitioner may not be necessary in the interest of investigation. Therefore, the order dated 24.01.2020, granting interim pre-arrest bail to the petitioner is hereby made absolute under the same terms and conditions.
This petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim pre-arrest bail order should be confirmed in view of satisfactory custodial interrogation.
1 provisions across 1 enactments
ABDUL JABBAR
THE STATE OF ASSAM REP. BY P.P., ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
