Anticipatory bail application where the petitioner failed to comply with the condition of appearing before the Investigating Officer and was arrested in another case. The Court vacated the interim protection and rejected the bail application, noting a prima facie case and multiple pending cases against him.
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GAHC040012582024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB/121/2024
Dheeraj Pao
Son of Late Susen Pao, resident of House No. 5, Samannay Path, Survey, Guwahati 781028, PO Beltola, PS Basistha, Kamrup Metro District, Assam
VERSUS
The State of AP represented by the PP of AP
Advocate for the Petitioner : Tabit Tapak, R Islam
Advocate for the Respondent : P P of AP,
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 06-11-2024
Heard Mr. T. Tabing, learned counsel for the petitioner. Also
heard Mr. T. Ete, learned Additional Public Prosecutor for the State.
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from the said date of order and in the event of his failure to appear within that period, the interim protection so granted to the petitioner shall stand lapse by afflux of time. The said interim anticipatory bail was subsequently, extended on 26.09.2024 and 22.10.2024. Since the date of interim protection granted to the accused petitioner on 20.09.2024, more than 45 days has lapse. However, the case diary produced reflects that the accused never reported or appeared before the I.O of the case till date.
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the accused petitioner for commission of the alleged offence. The record also reveals that accused petitioner is a habitual offender involved in multiple cases i.e. Deomali P.S Case No. 05/2024 under Section 406/420 IPC; Chimpu P.S. Case No. 09/2024 under Section 420 IPC and CR Case No. 24/2024 under Section 138/142 NIA Act, apart from the present P.S Case under Section 420 IPC.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether interim pre-arrest bail should be extended given the petitioner's non-appearance before the Investigating Officer as required by the bail condition.
Whether anticipatory bail should be granted to the petitioner considering the allegations, prima facie case and his alleged habitual offending.
3 provisions across 2 enactments
Dheeraj Pao
The State of AP represented by the PP of AP
Budi Habung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
