Bench dismissed the petitioners' Section 438 CrPC bail application in a snatching case, holding it not maintainable due to presence of incriminating materials in the case diary.
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GAHC010015012023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/210/2023
NARAYAN DAS AND ANR. S/O LATE DANO RAM DAS, VILL.- CHARNA, P.S.- SIMALA, DIST.- BAKSA, ASSAM. 2: ISADUL HOQUE VILL.- NO. 2 KAKRABARI P.O.- DURAPARA P.S.- BOKO DIST.- KAMRUP ASSAM
VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM.
Advocate for the Petitioner : MR. R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
07.02.2023
Heard Mr. R A Choudhury, learned counsel representing the petitioners as well as Mr. K. K. Porasor, learned Additional Public Prosecutor, Assam.
By this application filed under Section 438 CrPC, the petitioners, namely, (1) Sri Narayan Das and (2) Isadul Hoque, have prayed for pre-arrest bail in connection with Gorchuk P.S. Case No. 06/2023.
The petitioners are working as Home Guard Jawans. It is alleged in the FIR that while the informant was going home by bus, the petitioners had snatched away gold ornaments weighing 323 grams from him.
After perusal of the Case Diary, I find that there are incriminating materials against the petitioners and, therefore, their pre-arrest bail application is not maintainable in law. Accordingly, the present bail application is dismissed and disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an anticipatory bail application is maintainable when the case diary contains incriminating materials against the petitioners in respect of an FIR for snatching.
1 provisions across 1 enactments
Narayana Das
Isadul Hoque
State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
