THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM TO BE
Case at a glance
Provisions considered
Judgment
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR Date : 31.03.2022 ORDER Heard Mr. HRA Chouhdury, learned Senior counsel, assisted by Mr. MI Hussain, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam appearing for the State respondent. Page No.# 2/3 This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely Altaf Hussain, apprehending his arrest in connection with Silchar P.S. Case No. 3177/2021 registered u/ss 120B/ 406/420/ 409/468/471/ 384 of the IPC. The Case diary, as called for is received and placed before the Court. Perused the case diary. It may be mentioned that by order, dated 01.10.2021, passed in this anticipatory bail application, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. KK Parasar, learned Addl. Public Prosecutor, submits that as per the report of the I.O., the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre- arrest bail granted earlier. Considering the facts and attending circumstantiates that emerged from the case diary, this Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order, dated 01.10.2021, passed in this anticipatory bail application is hereby made absolute, subject to the following conditions- (i) That the petitioner shall co-operate in investigation as and when required; and (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. Page No.# 3/3 Return the case diary. This disposes off the anticipatory bail application. JUDGE Comparing Assistant
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 161, 438; Indian Penal Code, 1860.
Which court decided this case, and when?
Gauhati High Court, on 31 Mar 2022. The bench was AJIT BORTHAKUR.
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.