High Court dismissed bail application in murder case. Court held that grave allegations and incriminating materials in case diary make release unproductive for investigation. Investigation directed to be completed earnestly.
Bail application dismissed. Investigation directed to be completed.
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GAHC010080532023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1347/2023
PRANAB KALITA
S/O- SRI RAJEN KALITA, R/O- KALITAPARA, P.S. BOKO, DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
08.05.2023
Heard Mr. S.C. Biswas, learned counsel for the accused-petitioner and Mr. B.B. Gogoi, learned Addl. PP for the State.
2. This bail application has been filed by the accused-petitioner, namely, Pranab Kalita, seeking bail in connection with Boko PS Case No. 125/2023 under Sections 120(B)/302 of the IPC. The accused petitioner was arrested on 29.03.2023 and since
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then he has been in custody.
3. It is submitted by the learned counsel for the accused-petitioner that by the FIR dated 19.03.2023, it was alleged by the informant one Sri Paresh Kalita that his younger sister was married to the accused person No. 1 named in the FIR namely, the petitioner herein. It was further alleged that on 19.03.2023 at about 11 AM, the accused persons named in the FIR tactfully murdered the sister of the informant and after committing the murder, the accused No. 1, namely the petitioner herein, hung the body of the deceased to conceal the actual incident. Pursuant to the FIR being registered, the petitioner was taken into custody in connection with the aforesaid case. The learned counsel for the petitioner submits that the petitioner is innocent and he has been taken into custody only on mere suspicion and there is no evidence which points to the guilt of the accused.
4. Pursuant to the orders passed by this Court calling for the case diary, the learned Addl. PP has produced the case diary today which is place before the Court. 5. The learned counsels for the parties have been heard. Pleadings on records have been carefully perused.
6. In the case diary, the post mortem report is available. According to the post mortem report because of death was “due to combined effects of asphyxia and venous congestion following hanging during life”.
7. The case diary has been carefully perused. The allegations made against the petitioner are grave in nature and the punishments prescribed, in the event of the petitioner being convicted ultimately, are severe. From the case diary, it is seen that the investigations are being carried on. There are materials available in the case diary which incriminates the petitioner. Having perused the case diary and also upon hearing the learned counsels for the parties, this Court is of the view that at this stage of investigation, release of the petitioner from custody would not be conducive for the progress of the investigation that is being carried on at this stage. Accordingly, this
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Court is not inclined to grant bail to the accused-petitioner at this stage. The Investigating Officer is, however, directed to carry on the investigation in right earnest and complete the same.
8. Accordingly, in view of the above, the bail application is dismissed.
9. Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused-petitioner at the stage of investigation in a murder case.
Whether the materials in the case diary are sufficient to deny bail.
1 provisions across 1 enactments
Pranab Kalita
The State of Assam Represented by the P.P., Assam
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
