The Gauhati High Court disposed of an anticipatory bail application. Finding no material in the case diary to justify recalling the interim order of 20/2/2023, the court made the interim bail absolute.
Interim anticipatory bail order dated 20/2/2023 made absolute.
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.
Page No.# 1/2
GAHC010033862023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/503/2023
RAJ PAYENG @ RAJU PAYENG S/O PRADIP PAYENG R/O DEVONAGAR, KHANAPARA P.S. DISPUR, DIST. KAMRUP (METRO), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR F HAQUE
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 04/04/2023
None appears for the applicant. Mr. P. Borthakur, learned APP, Assam is present and submits
that the case diary has been received.
This is an application filed under section 438 of Cr.P.C. seeking pre-arrest bail in connection
with Dispur PS case No. 261/2023 registered under sections 447/420/406/506/385 of the IPC.
Page No.# 2/2
By the order dated 20/02/2023 passed by this Court, interim pre-arrest bail was granted to the applicant.
From the perusal of the FIR, it prima facie appears that the issue projected therein raises a civil dispute.
After perusal of the case diary, I do not find any material therein so as to justify recalling/modification of the order dated 20/02/2023. As such, the order dated 20/02/2023 is hereby made absolute.
Anticipatory bail application stands disposed of.
JUDGE
sukhamay
Comparing Assistant
2 issues framed by the court
Whether to recall or modify the interim anticipatory bail order.
Whether the material in the case diary justifies recalling the interim bail.
2 provisions across 2 enactments
Raj Payeng @ Raju Payeng
State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
