The court granted pre-arrest bail under Section 438 Cr.P.C. to an applicant implicated in IPC 493/420, concluding that custodial interrogation was not necessary. Bail was subject to conditions regarding availability for interrogation.
Application allowed; applicant released on bail subject to conditions.
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.
A.B No. 52/2017
B E F O R E
HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI
Present:
For the applicant : Mr. B. Debbarma, Adv. For the respondents : Mr. R. C. Debnath, Addl. P. P.
23.06.2017.
Heard Mr. B. Debbarma, the learned counsel for the applicant. Also heard Mr. R. C. Debnath, the learned Additional Public Prosecutor for the State.
This is an application under Section 438 Cr. P.C for granting pre-arrest bail to the applicant namely, Sri Bhupendra Debbarma, who has been implicated in connection with Lefunga Police Station Case No. 2017 LFG013 of 2017 U/s 493/420 IPC.
With the assistance of the learned Additional Public Prosecutor I have carefully gone through the Case Diary and the statement of the prosecutrix. I have also gone through the bail application along with the annexure thereto. On considering the matter from all angles, I am of the view that this is not a case for custodial interrogation.
Resultantly, in the event of arrest, the applicant Sri Bhupendra Debbarma shall be released on bail with his previous bail bond to the satisfaction of the arresting authority, subject to the condition that he shall make himself available for interrogation as and when called upon to do so.
Application stands disposed of.
CHIEF JUSTICE
d.dey.
A.B No.52/2017 Page 1 of 1
2 issues framed by the court
Whether pre-arrest bail under Section 438 Cr.P.C. should be granted to the applicant implicated in IPC 493/420.
Whether custodial interrogation is required to establish the facts of the case.
1 provisions across 1 enactments
Sri Bhupendra Debbarma
The State
T. Vaiphei
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
