The Gauhati High Court made the interim anticipatory bail order absolute for the petitioner, a breastfeeding mother, after the Investigating Officer recovered stolen articles and recorded six prosecution witness statements, deeming custodial interrogation unwarranted.
The interim pre-arrest bail order dated 20.04.2022 was made absolute.
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GAHC040004542022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB 49/2022
1:Lishi Adap Nabam W/o Shri Nabam Jairam, A Residence of Model Village, PO and PS Naharlagun, District Papum Pare, Arunachal Pradesh.
VERSUS
1:THE STATE OF AP Through Public Prosecutor
Advocate for the Petitioner : Taba Topu
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 27-04-2022
Heard Mr. T. Topu, learned counsel for the applicant. Also heard Mr. J. Tsering, learned Public Prosecutor for the State respondent.
Pursuant to order dated 20.04.2022, Mr. J. Tsering, learned Public Prosecutor, has produced the Case Diary before this Court and submits that the
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stolen articles of this case have already been recovered and the Investigating Officer has examined as many as 6 (six) prosecution witnesses and investigation appears to be almost completed.
It is to be mentioned here that this anticipatory bail application has been preferred by Smti Lishi Adap Nabam for grant of pre-arrest bail, apprehending arrest in connection with Nirjuli P.S. Case No. 32/2022, under Sections 451/452/380/34 of the Indian Penal Code.
The allegation against the accused applicant is that he along with some co-accused forcibly entered into the rented house of Smti Giogi Yapi Nabam and tried to assault and kill her and committed theft of Rs. 3,40,000/- (Rupees three lakhs fourty thousand) only from the rented house of one Smti Giogi Yapi Nabam on 16.04.2022.
Mr. T. Topu, learned counsel for the applicant, submits that the applicant is a woman and she is a mother of 10 (ten) months old breastfeeding child and she is nowhere involved with the offence. It is further submitted that pursuant to order, dated 20.04.2022, the applicant has appeared before the Investigating Officer of the case and her statement has also been recorded and, therefore, Mr. Topu contended to make the interim pre-arrest bail order, dated 20.04.2022, absolute with the same terms and conditions.
Having heard the submissions of learned Advocates of both sides, I have carefully gone through the Case Diary produced before this Court with the assistance of Mr. J. Tsering, learned Public Prosecutor, and I find that the
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Investigating Officer has made substantial progress in the investigation. The stolen articles have already been recovered and the statement of as many as 6 (six) prosecution witnesses have also been recorded.
In view of above, custodial interrogation of the accused applicant seems to be unwarranted here in this case. Accordingly, this Court is inclined to make interim pre-arrest bail order dated 20.04.2022 absolute with the same terms and conditions.
The anticipatory bail application stands disposed of in terms above.
The Case Diary be sent back.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim anticipatory bail order should be made absolute in view of the progress of investigation and recovery of stolen articles.
Lishi Adap Nabam
The State of AP
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
