Anticipatory bail application under Section 438 CrPC arising from a Guwahati GRPS police station case. Interim pre-arrest bail had been granted earlier. The investigating officer returned the case in final report, so no arrest was apprehended and the petition stood closed as infructuous.
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GAHC010043852023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/711/2023
VISHNU KUMAR @ VISHNU BIYANI S/O LATE DUNGAR MAL BIYANI
R/O FLAT NO. CV5 OF DURGA RESIDENCY, LAST GATE (BEHIND MLA HOSTEL), P.S. AND P.O. DISPUR, DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M BISWAS
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER
08.05.2024
Heard Ms. M. Das, learned counsel for the applicant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.
This is application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/applicant, who is apprehending arrest in connection with Guwahati GRPS P.S. Case No.162/2022 under Section 120(B)/420/506/34/386 of the Indian Penal Code.
It reveals from the case record that vide order dated 09.03.2023, the present applicant was granted with interim pre-arrest bail and since then, the case was fixed for production of Case Diary. However, the learned Additional Public Prosecutor has submitted that in the instant case, the I.O. has returned the case in F.R., vide F.R. No. 07/2023, dated 30.06.2023.
In view of above, since the I.O. has returned the case in F.R., there is no apprehension of arrest, and this petition becomes infructuous and accordingly, the same stands closed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should continue when the investigating officer has filed a final report and there is no apprehension of arrest.
2 provisions across 2 enactments
Vishnu Kumar @ Vishnu Biyani
The State of Assam
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
