The Gauhati High Court disposed of a bail application. Noting that no police case had been registered, the Court directed that if any investigation were initiated, the police must follow the Supreme Court guidelines in Arnesh Kumar vs. State of Bihar.
Bail application disposed; police directed to follow Arnesh Kumar guidelines if investigation initiated.
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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GAHC010011092023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/138/2023
MUNINDRA KONWAR
S/O- BOLIN KONWAR, PERMANENT R/O- BAPU BHETI GAON, P.STHELAMARA, P.O- GHOTUA, PIN- 784149, DIST- SONITPUR
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A BHATTACHARYA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
09.02.2023
Heard Mr. A. Bhattacharya, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. P.P., Assam.
The status report as called for earlier has been send by police. It has been stated that no police case has been registered against the petitioner.
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JUDGE
Be that as it may, evben if any investigation is initiated against the petitioner, the police shall follow the law laid down by the Supreme Court in Arnesh Kumar Vs. State of Bihar.
With the aforesaid direction, the bail application is disposed of.
Comparing Assistant
3 issues framed by the court
Whether the police must follow the Supreme Court guidelines in Arnesh Kumar vs. State of Bihar if investigation is initiated against the petitioner.
Whether to grant bail to the petitioner in absence of a registered police case.
Whether evben if investigation is initiated against the petitioner, the police shall follow the law laid down by the Supreme Court in Arnesh Kumar Vs. State of Bihar.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharApplied¶18
Arnesh Kumar Vs. State of Bihar
Munindra Konwar
The State of Assam
Part Prijyot SaiKia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
