In this pre-arrest bail application under Section 438 Cr.PC regarding an IT Act 2000 offence, the Court held that since the charge is bailable, the application is not maintainable and disposed of the petition. Subject classification includes bail and technology offences.
Application declared not maintainable and disposed of.
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.
Page No.# 1/2
GAHC010012402022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/200/2022
MIR ALAM SHAHID S/O ABU SAMAD ALI R/O DAMPUR (NO. SOBANCHAH) P.S. HAJO DIST. KAMRUP (R), ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR. S M MOLLAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 10-02-2022
The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.
Heard Mr. SM Mollah, learned counsel for the petitioner. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor, appearing for the State
Page No.# 2/2
respondent.
This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the petitioner, namely, Mir Alam Shahid, in connection with Khetri Police Station Case No. 10/2020 registered under Section 67 of the Information Technology Act, 2000.
Perused the case diary produced before this Court.
The case has been registered under Section 67 of the Information Technology Act, 2000 (IT Act in short). There is no instance in the record to show that the accused-petitioner had committed any such offence earlier. Therefore, taking this offence to be the first offence, the same appears to be bailable under Section 77(B) of the IT Act. That being so, an application for prearrest bail under Section 438 of the Cr.PC is not maintainable.
The petition stands disposed of accordingly being not maintainable.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether prearrest bail under Section 438 Cr.PC is maintainable when the charge is a bailable offence under Section 77(B) of the IT Act.
3 provisions across 2 enactments
Mir Alam Shahid
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
