THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE STATE OF ASSAM
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 s. 498(A)
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1038/2022 RAKESH PEGU AND ANR S/O SRI PRADIP PEGU R/O VILL- BENHNAGARAH P.S. DHEMAJI, DIST. DHEMAJI, ASSAM 2: SMTI. RUPESWARI PEGU W/O SRI PRADIP PEGU R/O VILL- BENHNAGARAH P.S. DHEMAJI DIST. DHEMAJI ASSA VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : MR. U DUTTA Advocate for the Respondent : PP, ASSAM Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN Date : 06.06.2022 ORDER Heard Mr. U. Dutta, learned counsel for the applicants and also heard Ms. N. Das, learned Additional P.P. for the State respondent. This application, under Section 438 Cr.P.C., is filed by applicants, Shri Rakesh Pegu and Smti Rupeswari Pegu, for grant of pre-arrest bail, who have apprehended arrest in connection with Dhemaji P.S. Case No. 62/2022, under Section 498(A) IPC. Ms. N. Das, the learned Additional P.P. submits that the Investigating Officer has already completed investigation and laid Charge-sheet No. 87/22 on
30.04.2021, against the applicants before the Court of learned C.J.M, Dhemaji. Since, Charge-sheet has been submitted after completion of investigation, there is no question of hampering of investigation or tampering of witnesses. Now trial will start and the applicants have to prepare their defense. Accordingly, it is provided that the applicants shall appear before the learned Trial Court, within 20 days from today and apply for regular bail and in the event of filing such a petition, the learned Trial Court shall consider the same in accordance with law. Till then, interim protection extended to the applicants vide order dated
18.04.2022, will continue. JUDGE Comparing Assistant
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — s. 498(A).
Which court decided this case, and when?
Gauhati High Court, on 06 Jun 2022. The bench was ROBIN PHUKAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.