The Gauhati Court made absolute an interim pre-arrest bail application filed under Section 438 CrPC. The court, having reviewed the case diary and noted the petitioner's interrogation, held that further custodial interrogation was unnecessary.
The interim pre-arrest bail order dated 03.02.2020 is made absolute under the same terms and conditions.
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GAHC010020632020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 395/2020
1:MD. MAINA ALI
S/O LATE SAYED ALI, R/O RANGOLI DIGHALIA GAON, P.O. AND P.S.MORANHAT, DIST-CHARAIDEO, PIN-785670
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. R K BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 25-02-2020
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Md. Maina Ali, apprehending arrest in connection with Moranhat P.S. Case No. 117/2019 under Section 379 IPC.
Heard Mr. R. K. Borah, 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 diary produced today.
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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 03.02.2020, 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 pre-arrest bail should be made absolute given that the petitioner has already been interrogated.
1 provisions across 1 enactments
M.D. Maina Ali
State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
