The Gauhati High Court considered an application for pre-arrest bail under Section 438 Cr.PC. The court observed that custodial interrogation was no longer necessary and made the interim bail order absolute.
The interim pre-arrest bail order dated 07.01.2020 is made absolute under the same terms and conditions.
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.# 1/2
GAHC010002682020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 46/2020
1:JITU BORAH
S/O- SRI RABI RAM BORAH, R/O- VILL.- BURHA CHUK, P.O. AND P.S. SOOTEA, DIST.- BISWANATH, ASSAM, PIN- 784175.
VERSUS
1:THE STATE OF ASSAM
THROUGH THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S MUKTAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 24-02-2020
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Jitu Borah, apprehending arrest in connection with Sootea P.S. Case No. 182/2019 under Section 379 IPC R/W Section 53(1)(a)/54 Assam Excise Act.
Heard Mr. S.K. Muktar, 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
Page No.# 2/2
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 07.01.2020, 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
2 issues framed by the court
Whether the interim pre-arrest bail granted to the petitioner should be made absolute.
Whether custodial interrogation is necessary in the interest of investigation.
3 provisions across 3 enactments
JITU BORAH
THE STATE OF ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
MIR ALFAZ ALI
