This order grants absolute bail under Section 438 CrPC to the petitioner in a multi-section IPC case, considering his full cooperation with the police investigation following an interim order.
Pre-arrest bail application allowed; interim bail made absolute; case diary returned.
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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GAHC010175912023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2820/2023
PADMA KANTA HAZARIKA S/O LATE DAMBARUDHAR HAZARIKA R/O 3B NIFTY ENCLAVE, SEWALI PATH, HATIGAON, DISPUR, GUWAHATI-6, DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. N J KHATANIAR
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
13.12.2023
Heard Mr. A.M. Bora, learned senior counsel assisted by Mr. N.J. Khataniar, learned counsel appearing for the petitioner. Also heard Ms. N. Das, the learned Addl. Public Prosecutor representing the State of Assam.
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This is an application under Section 438 of the CrPC in respect of CID P.S. Case No.17/2022 registered under Sections 120(B)/420/467/468/471/409 of the Indian Penal Code.
Pursuant to an interim order granted by this Court, the petitioner Padma Kanta Hazarika appeared before the Investigating Officer and has co-operated with the police investigation.
Since the petitioner has co-operated with the police investigation, he does not deserve to be detained in custody. Accordingly, his pre-arrest bail application is allowed.
Interim bail granted on 14.08.2023 in his favour is made absolute.
The application for bail stands disposed.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner deserves pre-arrest bail having co-operated with the police investigation under Section 438 CrPC
1 provisions across 1 enactments
PADMA KANTA HAZARIKA
THE STATE OF ASSAM
PARTHIVJYOTI SAIKIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
