Single judge allowed interim pre-arrest bail of Rs. 10,000 to the petitioner in a domestic assault case pending investigation, noting a mutual compromise agreement had been filed by both spouses despite separate counsel representation.
Interim bail of Rs. 10,000 with one surety granted; petitioner directed to cooperate with investigation and give statement.
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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GAHC040008322020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No.: IA(Crl) 12/2020
1:Goi Yangfo W/O SHRI TARANG PAO PRESENT RESIDENT OF POLO COLONY PO/PS NAHARLAGUN PAPUM PARE DISTRICT NAHARLAGUN AP.
VERSUS
1:THE STATE OF AP THROUGH ITS PUBLIC PROSECUTOR.
Advocate for the Petitioner : Pritam Taffo Advocate for the Respondent : P P of AP
BEFORE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 20-11-2020
Heard Mr. P. Taffo, the learned counsel for the petitioner and also heard Mr. U. Bori, the learned Additional public Prosecutor for the State of Arunachal Pradesh.
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The petitioner ,namely, Smti. Goi Yangfo, has filed this application under section 438 of Cr.P.C praying for pre-arrest bail in the matter of Itanagar Women Police Case No.55/2020 under Sections 450/307/326/506/34 IPC.
The petitioner is the first wife of a person and she had a quarrel with the second wife of her husband. The second wife of her husband has filed an FIR against the petitioner. It has been stated that both the sides have already entered into a mutual agreement, compromising the matter for they have jointly filed an application under Section 438 Cr.P.C, the matter which has been directed to be listed after 2(two) weeks for the perusal of the case diary.
Considering the aforesaid facts, I agree with Mr. P. Taffo, the learned counsel for the petitioner that the petitioner deserves to be given an interim relief. And as an interim measure, it is hereby directed that in the event of arrest of Smti. Goi Yangfo, in the matter of Itanagar Women Police Case No.55/2020 under Sections 450/307/326/506/34 IPC shall be released on bail on furnishing a bail bond of Rs.10,000/- only with one surety of like amount to the satisfaction of the arresting authority.
The petitioner is directed to co-operate with the investigation and to have her statement recorded.
The Interlocutory Application shall be listed as regular bail application after 2(two) weeks along with Criminal Petition No.33 (AP) of 2020.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to an interim pre-arrest bail given the existence of a mutual compromise agreement.
Format and conditions for interim bail when the parties have filed a joint application.
2 provisions across 2 enactments
Goi Yangfo
The State of AP
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
