The Chief Justice rejected an application for pre-arrest bail under Section 438 Cr. P.C. After examining the case diary and dying declaration, the court held that the case was fit for custodial interrogation and recalled an earlier interim order.
Application rejected; interim order dated 27.04.2017 recalled.
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A.B No. 33/2017
B E F O R E
HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI Present: For the applicant : Mr. P. Rathore, Adv. For the respondents : Mr. S. Sarkar, P. P.
03.05.2017.
Heard Mr. P. Rathore, the learned counsel for the applicant. Also heard Mr. S. Sarkar, the learned Public Prosecutor for the State.
This is an application under Section 438 Cr. P.C for granting pre-arrest bail to the applicant namely, Bahar Miah who has been implicated in connection with Amtali Police Station Case No. 2017/AMT/030 U/s 304(B)/34 IPC.
With the assistance of the learned Public Prosecutor I have carefully gone through the Case Diary and the dying declaration of the deceased. Considering the matter from all angles, I am of the opinion that, this is a fit case for custodial interrogation.
Resultantly, the application is rejected. The interim order passed earlier on 27.04.2017 stands recalled.
CHIEF JUSTICE
d.dey.
A.B No. 33/2017
Page 1 of 1
1 issue framed by the court
Whether the application under Section 438 Cr. P.C for pre-arrest bail should be allowed in a case under Sections 304(B)/34 IPC involving a fit case for custodial interrogation.
1 provisions across 1 enactments
Bahar Miah
State
T. Vaiphei
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
