In a bail appeal under Section 438 CrPC regarding Sections 420/406 IPC, the Gauhati High Court converted an interim bail order into absolute bail after noting the complainant's non-appearance and lack of informant cooperation, making custodial interrogation unwarranted.
Interim bail order made absolute; anticipatory bail application disposed of.
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GAHC010030302021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/550/2021
SMTI. JANTI SARMAH AND ANR W/O LATE PRODEEP SARMAH, R/O AMULAPATTY, NAGAON, P.O.NAGAON, P.S.-SADAR, DIST-NAGAON, ASSAM
2: AMBARISH SARMAH S/O LATE PRODEEP SARMAH R/O AMULAPATTY NAGAON P.O.-NAGAON P.S.-SADAR DIST-NAGAON ASSA
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S Ali
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
07.12.2021
By way of this bail application filed under Section 438 CrPC, petitioners, namely, 1)
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Smti Janti Sarmah and 2) Sri Ambarish Sarmah, have sought for pre-arrest bail in the event of their arrest in connection with Dispur PS Case No. 555/2020, under Sections 420/406 IPC.
None appears for the petitioner.
However, the learned Additional Public Prosecutor is present, who has produced the Case Diary.
On the basis of the materials in the Case Diary, it is submitted that the IO himself has given a note that the complainant did not turn up before him to produce the relevant witnesses, as directed, for which, there is no authenticity in the allegations. Moreover, the wife of the informant has also stated that she has no knowledge about the incident that has been referred in the FIR. The informant did not cooperate with the investigation, as directed. On the other hand, the accused petitioners have already entered appearance before the IO and submitted their documents.
In view of above, it appears that custodial interrogation of the present petitioners is not warranted. Accordingly, the interim bail order is hereby made absolute.
Anticipatory Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to allow pre-arrest bail under Section 438 CrPC where the complainant failed to produce witnesses and the informant did not cooperate with the investigation.
1 provisions across 1 enactments
Smti. Janti Sarmah
Ambarish Sarmah
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
