The Gauhati High Court disposed of an anticipatory bail application by directing the applicant to approach the lower court to recall the issued Non-Bailable Warrant. Temporary bail upon arrest was granted subject to furnishing a bond.
Applicant directed to approach lower court to recall NBWA; bail upon arrest with bond of Rs. 5,000 and one surety.
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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GAHC040002762023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB 9/2023
1:Tajik Gyamar S/o Tokiok Gyamar
Residing near Donyi Polo School, Itanagar, PO/PS Itanagar, District Papum Pare, Arunachal Pradesh.
VERSUS
1:THE STATE OF AP
Represented by the Public Prosecutor. (AP)
Advocate for the Petitioner : Neelam Taje
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE NANI TAGIA
ORDER
Date : 06-03-2023
Heard Mr. N. Taje, learned counsel for the petitioner. Also heard Mr. T. Jini, learned Additional Public Prosecutor for the State of Arunachal Pradesh.
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Arrest (NBWA) has been issued by the Court of the learned Chief Judicial Magistrate, West Kameng District, Bomdila, on 05.01.2023, directing the accused to be produced on 20.03.2023.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether pre-arrest bail should be granted under Section 438 Cr.P.C. when a Non-Bailable Warrant has already been issued by the lower court.
Whether the applicant should approach the lower court to recall the Non-Bailable Warrant before filing fresh bail application.
Under what conditions bail will be available if the applicant is arrested in the meantime.
1 provisions across 1 enactments
Tajik Gyamar
The State of AP
Nani Tagia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
