The Gauhati High Court denied pre-arrest bail for a jewellery shop manager accused of stealing gold. The custody order was rejected and interim protection recalled because the petitioner failed to cooperate during prior investigation.
Pre-arrest bail in Case No. 117/2021 under IPC 380 rejected; interim order recalled.
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GAHC040003232022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB 32/2022
1:Bijoy Chakraboty S/o Mihir Chakraboty, Resident of Kathani Village, PO/PS Laluk, District Lakhimpur, Assam
VERSUS
1:THE STATE OF AP Through Public Prosecutor
Advocate for the Petitioner : M Opo
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE A M BUJOR BARUA
ORDER
Date : 06-04-2022
Heard Mr. T. Tayeng, learned counsel for the petitioner and also heard Mr. G. Tadoh, learned Additional Public Prosecutor for the State of Arunachal Pradesh.
The petitioner was the Manager of the Jewellery shop of the informant Mr. Krishna Barman. The allegation is that the petitioner being the Manager had stolen 98 gms and 22 carats of gold from the locker of the Jewellery shop and
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fled away.
The petitioner was given an opportunity to appear before the Investigating Officer with a protection of an interim order of this Court to give his statement for the satisfaction of the investigation. But the statement given does not reveal the co-operation of the petitioner and the said conduct indicates to a conclusion that the custodial interrogation of the petitioner may be necessary in the present case.
From such point of view, the pre-arrest bail of the petitioner in respect of Itanagar P.S. Case No. 117/2021 under Section 380 of the IPC, stands rejected.
The interim order granted earlier stands recalled.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether pre-arrest bail should be allowed when the petitioner has not cooperated with the investigation.
Whether the interim protection order should be recalled given the lack of cooperation.
Whether custodial interrogation is necessary in light of the petitioner's conduct.
1 provisions across 1 enactments
Bijoy Chakraboty
THE STATE OF AP
A M BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
