Criminal appeal filed for grant of pre-arrest bail. The court granted absolute bail to the applicant on conditions including appearance before summons and abetment of no new offences.
Absolute pre-arrest bail granted on conditions of availability, non-tampering with evidence, and non-committal of new offences.
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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GAHC020002192023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Case No. : AB/12/2023
SHRI. NEZONYU ROBERT SOLO S/O SHRI. YAVITUO SOLO, R/O KOHIMA VILLAGE, KOHIMA, NAGALAND
VERSUS
THE STATE OF NAGALAND NAGALAND, KOHIMA
Advocate for the Petitioner : SENTIYANGER
Advocate for the Respondent : P.P, NAGALAND
BEFORE
HON'BLE MR. JUSTICE KAKHETO SEMA
ORDER
Date : 05-06-2023
Heard Mr. Sentiyanger, learned counsel for the applicant and Mr. V. Zhimomi, learned Public Prosecutor for the State.
2. Mr. Sentiyanger, learned counsel for the applicant submits that consequent to the order dated 29.05.2023, passed by this Court, the applicant, Shri Nezonyu Robert Solo, has appeared before the
Page No.# 2/3 Investigating Officer of the case on 01.06.2023 and has given his statements to the Police. Mr. Sentiyanger further submits that the applicant shall appear before the Police as and when summoned and shall co-operate in the investigation of the case. He also submits that the applicant is a respectable person who is deeply rooted in the society, and therefore, the chance of the applicant not co-operating with the investigation or absconding the process of law does not arise.
3. Mr. V. Zhimomi, learned Public Prosecutor, on the other hand objects to the grant of the pre-arrest bail citing that the investigation of the case is at an early stage and continuing and therefore, it will not be in the interest of criminal justice to grant pre-arrest bail at this stage to the applicant. The learned Public Prosecutor has also produced the Case Diary.
4. This Court has perused the order dated 29.05.2023 passed by this Court and the Case Diary produced by the learned Public Prosecutor. The offence charged against the applicant is not heinous in nature, which is punishable with imprisonment for life or death. The applicant has also appeared before the Investigating Officer/Police as ordered by this Court on 29.05.2023 and is co-operating with the investigation by giving his statements. This Court, upon consideration of the facts and circumstances of the case is inclined to grant absolute pre-arrest bail to the applicant on the following terms and conditions:
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dated 29.05.2023 shall continue to bind the applicant.
5. The application accordingly stands disposed.
Sd/- JUDGE
Comparing Assistant
1 issue framed by the court
Whether the applicant is entitled to pre-arrest bail on the facts of the case.
SHRI. NEZONYU ROBERT SOLO
THE STATE OF NAGALAND
KAKHETO SEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
