THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
- Bench
- PARTHIVJYOTI SAIKIA
Outcome
Disposed of
The bail application stands disposed of
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 s. 379
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3477/2022 MD. FIRUJ ALI S/O LATE GOLBAHAR ALI R/O VILL- 1 NO. JALAH, P.O. AND P.S. CHANGSARI, IN THE DISTRICT OF KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR G R A MOTTAQUEE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Operative part
07.02.2023 ORDER Heard Mr. Z Kamar, learned senior counsel representing the petitioner assisted by Mr. G R A Mottaquee, Advocate as well as Ms. N. Das, learned Additional Public Prosecutor, Assam. By this application filed under Section 438 CrPC, the petitioner, namely, Md. Firuj Ali, has prayed for pre-arrest bail in connection with Bhangagarh P.S. Case No. Page No.# 2/2 324/2022 under Section 379 IPC. It is alleged in the FIR that two numbers of heavy duty water pumps were stolen. Ms. Das has objected to the bail application on the ground that there are sufficient materials against the present petitioner. Mr. Kamar, on the other hand, submits that the petitioner has already appeared before the Investigating Officer and cooperated with the investigation. I have considered the submissions made by the learned counsels for both the sides. Since the petitioner has already appeared before the Investigating Officer and cooperated with the investigation, such a person does not deserve to be detained in custody. Hence, the prayer of the petitioner for pre-arrest bail is allowed. The interim order dated 30.11.2022 passed in favour of the petitioner aforesaid is made absolute. The petitioner shall appear before the Investigating Officer as and when called for. The bail application stands disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — s. 379.
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.