In a Section 438 Cr.P.C. bail application, the court considered the gravity of the offence and investigation progress. The judge held that custodial interrogation was not necessary, made the interim bail absolute, and disposed of the petition.
The interim bail order dated 07.09.2022 was made absolute.
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.
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GAHC010180442022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2595/2022
RAKIBUL ISLAM S/O ABDUS SOBUR VILL- DEWAKANDI P.O. TUMNI, P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent : PP, ASSAM
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B E F O R E
HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
17.11.2022
Heard Mr. H.A. Ahmed, learned counsel appearing for the petitioner as well as Mr. K.K. Das, learned Addl. P.P. appearing for the State.
The petitioner, namely, Rakibul Islam has filed this application under Section 438 Cr.P.C. with prayer for pre-arrest bail in connection with South Salmara P.S. Case No. 305/2022 under Sections 341/353/325/427/406/506/34 IPC.
The said case has been registered on the basis of an FIR, lodged by the Sub-Divisional Engineer, Mankachar Electrical Sub-Division of APDCL on 12.08.2022, to the effect that on 11.08.2022, their line worker Riajul Islam was returning after attending his duty such as collection of electricity bills and disconnection of defaulting consumers and then applicant Rakibul Islam along with a team wrongfully restrained and assaulted him at about 8.30 P.M., at Shimlakandi Sundarpara and manhandled him and broke his mobile phone and also threatened against pursuing departmental activities in those areas.
Learned Addl. P.P. has raised serious objection against the bail petition.
I have perused the case diary.
It is true that there are cogent materials in the case diary. The case diary is not updated. Learned counsel for the petitioner has submitted that the petitioner has co-operated with the investigation, as the case diary is not updated, the petitioner’s recorded statement is not available in the case diary. The injury report depicts that the victim Riajul Islam was examined by the doctor but no external injuries were found.
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Considering, the gravity of the offence and considering, the progress of investigation, custodial interrogation of the petitioner does not appear to be necessary. Interim order dated 07.09.2022 is hereby made absolute. The petitioner will abide by the conditions imposed upon him vide order dated 07.09.2022 failing which the bail shall stand cancelled.
Send back the case diary.
This petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the bail application under Section 438 Cr.P.C. should be allowed.
Whether custodial interrogation is necessary in the present case.
1 provisions across 1 enactments
RAKIBUL ISLAM
THE STATE OF ASSAM
SUSMITA PHUKAN KHAUND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
