THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
- Bench
- MRIDUL KUMAR KALITA
Outcome
Disposed of
With the above observation, this bail application is disposed of
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 34, 325, 326, 341, 447
Judgment
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
Operative part
30.06.2023 ORDER Heard Mr. P. Sharmah, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam. This is an application under Section 439 of the Code of Criminal Procedure Page No.# 2/2 filed by the petitioner, namely, Sri Sankar Kanta Roy @ Mantu, who has been detained behind the bar since 16.05.2023 in connection with Khetri P.S. Case No. 79/2023 under section 341/447/325/326/34 of the Indian Penal Code. By order dated 26.06.2023, the learned Additional Public Prosecutor, Assam was directed to procure the injury report from the Investigating Officer of this case. However, the learned Additional Public Prosecutor, Assam submits that the Investigating Officer has reported that the injury report of the victim is yet to be collected from the Gauhati Medical College and Hospital. It also appears that the statement of the injured victim has already been recorded by the Investigating Officer. Learned counsel for the petitioner submits that the petitioner has been detained behind the bar since last 46 days. Considering the progress made in the investigation of this case as well as the period of detention already undergone by the petitioner, further custodial detention of the petitioner does not appear to be necessary for fair completion of the investigation of this case. Hence, the petitioner is allowed to go on bail on furnishing a bond of Rs. 20,000/- with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M). With the above observation, this bail application is disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above observation, this bail application is disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 34, 325, 326, 341, 447.
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.