Judgment · High Court
Case at a glance
- Bench
- T VAIPHEI
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 143, 147, 148, 149, 302, 324, 326, 447, 448
Judgment
HON’BLE MR. JUSTICE T. VAIPHEI Heard Mr. S N Tamuli, learned counsel appearing for the petitioner and Mr. B S S inha, learned Additional Public Prosecutor appearing for the State This is an application under Section 438 Cr.P.C for granting pre-arrest bail to the petitioner, namely, Sri Sorujaan Saikia @ Sri Bishwajit Saikia, who has been implicated in connection with Jorhat Sadar P.S. Case No. 110/13 (Corres ponding G.R. Case No. 204/13) Under Section 143/147/148/149/302/324/326/447/448 IPC. It is pointed out by the learned counsel appearing for the petitioner the co-acc used have been released on pre-arrest bail by this Court by the order dated 12.3 .13 and dated 15.3.13 in AB No. 739/13 and AB No. 574/13 respectively and as suc h the petitioner is also entitled to be released on bail on parity. Under these circumstances there is no reason why custodial interrogation of the petitioner should be insisted upon. Resultantly, in the event of arrest the peti tioner shall be enlarged on bail executing a P.R. Bond of Rs. 20,000/ with one l ocal surety of the like amount to the satisfaction of the arresting authority.
Precedent status how later indexed judgments have treated this case
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