The Gauhati High Court, Itanagar Bench, disposed of an anticipatory bail application. Relying on the case diary and submissions that custodial interrogation was unwarranted, the court made the interim anticipatory bail order absolute.
The interim anticipatory bail order dated 20.07.2022 is made absolute in the same terms and conditions.
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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GAHC040008302022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB 81/2022
1:Talok Ringling Son of Taria Ringling, Resident of Ringling Village, Upper Subansiri District, AP Mobile No. 9364420250
VERSUS
1:THE STATE OF AP Represented by the Public Prosecutor
Advocate for the Petitioner : T. Garam
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE ROBIN PHUKAN
ORDER
03.08.2022
Heard Mr. T. Garam, learned counsel for the applicant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent.
Apprehending arrest in connection with Daporijo P.S. Case No.
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23/2022, under Sections 308/34 of the Indian Penal Code , this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Shri Talok Ringling , for grant of prearrest bail.
It is to be mentioned here that Daporijo P.S. Case No. 23/2022, under Sections 308/34 of the Indian Penal Code, has been registered on the basis of one F.I.R., lodged by one Tade Dajan on 14.07.2022, to the effect that on 10.07.2022, at around 10.00 p.m., he was assaulted by Shri Taru Rai and subsequently, his elder brother and his friend chased him to Tadak Dulom Hospital and injured him seriously and he got admitted in District Hospital and his condition becomes serious.
Mr. T. Garam, learned counsel for the applicant, submits that in view of order of this Court, dated 20.07.2022, the applicant appeared before the I.O. and his statement has been recorded and he has been co-operating with the Investigating Agency and his custodial interrogation seems to be unwarranted in the interest of investigation and therefore, it is contended to make the interim order, dated 20.07.2022, absolute in the same terms and conditions.
On the other hand, Ms. T. Jini, learned Additional Public Prosecutor, producing the Case Diary before this Court, submits that the applicant has appeared before the I.O. and his statement has been recorded and he has been co-operating with the Investigating Agency and his custodial interrogation is not required in the interest of investigation.
Having heard the submissions of learned Advocates of both sides, I have
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carefully gone through the petition and the documents placed on record and also perused the Case Diary produced before this Court with the assistance of Ms. T. Jini, learned Additional Public Prosecutor.
In view of the materials collected so far in the Case Diary and also considering the nature of accusation and the punishment prescribed for the same and further considering the submissions of learned Advocates of both sides, this Court is of the view that custodial interrogation of the accused/applicant seems to be unwarranted in the interest of investigation. Accordingly, this Court is inclined to make the interim order, dated 20.07.2022, absolute in the same terms and conditions.
In terms of above, this anticipatory bail application stands disposed of.
The Case Diary be sent back.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the anticipatory bail granted on an interim basis should be made absolute given the lack of necessity for custodial interrogation.
Whether the materials in the case diary warrant continuing the accused in custody.
3 provisions across 2 enactments
Talok Ringling
The State of AP
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
