Petitioner filed a pre-arrest bail application under section 438 Cr.P.C. in a corruption and cheating case. Court rejected the plea, holding that the petitioner is suspected to be a mastermind and investigation was incomplete, rendering the application unfit for bail.
Pre-arrest bail prayer rejected; case diary returned to the Court.
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GAHC010009742023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/182/2023
CHAMPAK THAKURIA
S/O- JOGESH THAKURIA, R/O- VILL- HORIBHANGA, P.S. TIHU, DIST.NALBARI, ASSAM, PIN- 781378
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR H BARUAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 09.03.2023
Heard Mr. H. Baruah, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, learned Addl. P.P. for the State.
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Cr.P.C. The previous application was rejected vide order dated 08.08.2022, passed in AB 1658/2022.
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petitioner and some other suspects could not be interrogated, the investigation could not be closed by the I.O.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner stands fit for grant of pre-arrest bail in a case involving cheating and corruption by a mastermind accused.
Whether the alleged illness of the petitioner's father constitutes a valid ground for pre-arrest bail in the present facts.
1 provisions across 1 enactments
Champak Thakuria
The State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
