THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1793/2022 SIMANTA GOGOI S/O- LATE KHAGEN GOGOI, R/O- VILL.- DOPDAR BHITARUWAL GAON, P.O. DOPDAR, P.S. HALUATING, DIST. SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. P K GOGOI Advocate for the Respondent : PP, ASSAM Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

28.06.2022 ORDER Heard Mr. P. K. Gogoi, learned Counsel representing the petitioner as well as Mr. K. K. Parasor, learned Additional Public Prosecutor, Assam. By this application filed under Section 438 CrPC, the petitioner, namely, Simanta Gogoi, has prayed for pre-arrest bail in connection with Amguri P.S. Case No. 62/2022 under Section 379 of the IPC. It is alleged in the FIR that on 07.06.2022, at about 4.30 AM, the petitioner along with Gautam Gogoi had committed theft of 130 mtrs. of Solar Plate Cable from the campus of Amguri Solar Project. The Security Guard saw the thieves but they could not be apprehended. The provision of law as laid down in Section 438 of the CrPC was inserted into the Code for prevention of unnecessary arrest. The privilege of Section 438 of the CrPC cannot be granted as a matter of charity. In the case in hand, the petitioner had committed theft. He was identified by the security staff present at the place of occurrence. Such a person is not entitled to seek protection under Section 438 of the CrPC. Accordingly, the present application stands dismissed. JUDGE Comparing Assistant