THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
In terms of above, this Anticipatory Bail Application stands disposed of
Provisions considered
- Indian Penal Code, 1860 ss. 201, 209, 379, 429
- Assam Cattle Preservation Act, 2021 s. 13
- Prevention of Corruption Act, 1988 s. 11
- Code of Criminal Procedure, 1973 s. 438
Judgment
Advocate for the Petitioner : MR. P BORDOLOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
19.05.2022 ORDER Apprehending arrest in connection with Gingia P.S. Case No. 31/2022, under Sections 379/429/201 of the Indian Penal Code read with Section 13 of the Assam Cattle Preservation Act, 2021, read with Section 11 of the P.C. Act, 1960, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by the applicant, namely, Md. Abdul Mannan @ Ali, for grant of pre-arrest bail. Page No.# 2/3 Heard Mr. P. J. Saikia, learned counsel for the applicant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. Mr. P. J. Saikia, learned counsel for the applicant, submits that the stolen cow was not recovered from the house of the applicant and that the informant has implicated the accused because of mistaken identity and on suspicion and he filed one affidavit before the I.O. also to that effect and, therefore, Mr. Saikia contended to allow this petition.
On the other hand, Mr. R. J. Baruah, learned Additional Public Prosecutor, producing the Case Diary before this Court, submit that the investigation of the case has already been completed and there remains to submit Charge-Sheet only and as such, custodial interrogation of the accused applicant is not necessary here in this case. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also the Case Diary produced before this Court and it appears that the I.O. has achieved substantial progress in the investigation and the same is about to be completed and as such, custodial interrogation, in the interest of investigation, Page No.# 3/3 of the accused applicant is not necessary here in this case and, therefore, this Court is inclined to accept this petition. Accordingly, it is provided that in the event of arrest of the accused/applicant, namely, Md.
Operative part
Abdul Mannan @ Ali, in connection with Gingia P.S. Case No. 31/2022, under Sections 379/429/209 of the Indian Penal Code read with Section 13 of the Assam Cattle Preservation Act, 2021, read with Section 11 of the P.C. Act, 1960, he shall be enlarged on pre-arrest bail on his furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of above, this Anticipatory Bail Application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In terms of above, this Anticipatory Bail Application stands disposed of
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 201, 209, 379, 429; Assam Cattle Preservation Act, 2021 — s. 13; Prevention of Corruption Act, 1988 — s. 11; Code of Criminal Procedure, 1973 — s. 438.
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.