A petition for pre-arrest bail under Section 438 CrPC was allowed. The petitioner was accused of taking and selling a vehicle. Since the vehicle was recovered and returned to the owner, the court held custodial detention unwarranted.
Interim bail granted to the petitioner hereinbefore was made absolute. The petitioner is released on bail.
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GAHC010077682021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1192/2021
SANJEEV SINGH
S/O- LT. AZAD SINGH, R/O- UZANBAZAR, RAILWAY COLONY, H.NO. 27, P.S. LATASIL, DIST.- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE P.P., ASSAM
Advocate for the Petitioner : MR. C K NATH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 05-01-2022
By filing this petition under Section 438 CrPC, the petitioner, namely- Sanjeev Singh has sought for pre-arrest bail in connection with Dispur Police Station Case No.1446/2021, registered under Section 406/420 of the IPC.
Heard the learned counsel for the petitioner as well as the learned Addl. Public Prosecutor representing the State. Also perused the case diary and the documents annexed
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thereto.
The allegation in the FIR that the present accused petitioner took the vehicle in question from him and has sold it out without informing the actual owner of the vehicle. The case diary reveals that the vehicle was recovered in abandon condition and it was returned to the actual owner.
That being so, it transpires that the custodial detention of the accused petitioner is not warranted. Accordingly, interim bail granted earlier to the accused petitioner namely, Sanjeev Singh is hereby made absolute.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner qualifies for pre-arrest bail under Section 438 CrPC.
Whether custodial detention of the accused is warranted given the recovery of the vehicle.
2 provisions across 2 enactments
Sanjeev Singh
State of Assam Rep. by the P.P., Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
