The Gauhati High Court dismissed the petitioner's pre-arrest bail application under Section 438 CrPC, holding that no new grounds existed and the stolen amount remained unrecovered despite findings of complicity from an earlier order.
Prayer for pre-arrest bail stands rejected.
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GAHC010204432021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/4030/2021
RAKESH KHAN S/O KASHEM KHAN VILL- BAISHA, P.O. BHOGDIA P.S. SARTHEBARI, DIST. BARPETA, ASSAM
VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
03.12.2021
By filing this petition under Section 438 of the CrPC, the petitioner, namely- Rakesh Khan has sought for pre-arrest bail in connection with Basistha P.S. Case No.1052/2021 registered under Section 381 of IPC.
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Heard the learned counsel for both the parties. Also perused the case diary.
This is the second pre-arrest bail application preferred by the petitioner no any new ground, save and except the fact that I/O may have collected some more evidence and the petitioner has to look after his ailing father who is a heart patient and he has family, to maintain.
This Court on earlier occasion i.e. 16.08.2021 after going through the entirety of the matter and also the case diary, finding sufficient complicity of the petitioner in the stealing of Rs.8,45,000/- from the Truck, rejected his prayer for bail.
That being the position, this Court is of the opinion that there is no occasion to revisit the earlier order as the stolen amount is yet to be recovered. Accordingly, the prayer for pre-arrest bail stands rejected.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioner in a theft case given insufficient recovery of stolen amount.
2 provisions across 2 enactments
Rakesh Khan
The State of Assam Rep by the PP, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
