Single-judge order rejecting a pre-arrest bail application under Section 438 Cr.P.C. The court found prima facie incriminating evidence in a murder case and held the application not fit for granting privilege.
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GAHC010029952021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/534/2021
JIBAN KHATRIYA @ JEEVAN KHATRIYA BARMAN S/O DEBEN KHATRIYA @ DEBEN KHATRIYA BARMAN, R/O VILL-MADHYA HALDIBARI, P.O.-KUMARGRAM, P.S.-GOSSAIGAON, DIST-KOKRAJHAR, BTC, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A A R KARIM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 09.08.2021
Heard Mr. A. A. R. Karim, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State/respondent.
By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Sri Jiban Khatriya @ Jeevan Khatriya Barman , has prayed for granting pre-arrest bail, apprehending his arrest in connection with
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Gossaigaon P.S. Case No. 49/2021 under Sections 302/201 of the IPC (G.R. Case No. 73/2021) .
The case diary, as called for, is placed before this Court.
The FIR reveals that on 27.01.2021, the informant’s son Sri Suklal Barman went to Sankash Tapu Gaurab Ghat for taking the plum. The petitioner along with his wife also went to the said place for taking the plum. After taking the plum, the petitioner and his wife returned home. On being asked by the informant, the petitioner informed that her son was killed by elephant. After receiving such information, informant’s another son rushed to the spot and found the victim’s dead body, which was lying in a hole of ground in throat cut state.
The post-mortem report shows that the cause of death of the deceased Suklal Barman was due to ante mortem multiple cut injuries.
The case diary reveals clear prima facie incriminating evidence against the petitioner. Therefore, this Court finds it not a fit case to grant the privilege of pre-arrest bail to the petitioner.
Accordingly, the pre-arrest bail application of the petitioner stands rejected.
Return the case diary.
This disposes of the anticipatory bail application.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail under Section 438 Cr.P.C. in a murder case where there is prima facie incriminating evidence.
Whether the Court finds the case fit to grant anticipatory bail given the nature of the offense and evidence.
1 provisions across 1 enactments
Jiban Khatriya @ Jeevan Khatriya Barman
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
