THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
Accordingly, this bail application stands disposed of
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 34, 306, 387
Key paragraphs
- Para 88. Accordingly, this bail application stands disposed of.
Judgment
Advocate for the Petitioner : MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY BEFORE Order
26.02.2024
Heard Mr. B. K. Mahajan, the learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.
By this application under Section 438 Cr.P.C., the petitioner, namely, Deba Page No.# 2/3 Kakoty is seeking pre-arrest bail in connection with Demow Police Station Case No. 60/2023 registered under Sections 387/306/34 of IPC. Earlier also the petitioner approached this court and this court under its order dated 19.10.2023 passed in AB 3513/2023 rejected the prayer of the petitioner for grant of anticipatory bail. Subsequently, the present bail application is filed.
While considering the second bail application, this court vide order dated
22.12.2023 had granted interim protection to the petitioner and called for the case diary.
The case diary as called for has been received. Perused the same.
The investigation has substantially progressed. Case diary reveals that the petitioner has appeared before the Investigating Officer after the interim protection was granted by this Court under its order dated 22.12.2023 and recorded his statement and co-operated with the investigation.
Considering the material so far collected, stage of investigation and considering the fact that the petitioner had appeared before the Investigation Officer and co-operated with the investigation, in the considered opinion of this court, no custodial interrogation of the petitioner shall be required at this stage. This court has also considered that the material so far collected reveals that the victim committed suicide on 03.10.2023, the petitioner inspected the school on 27.06.2023 and show cause notice was issued to the deceased on 07.07.2023. Such material suggests that there is no approximity between issuance of show cause and the cause of death. Page No.# 3/3
Therefore, in the totality of the matter, the interim protection granted under order dated 22.12.2023 is made absolute with the same terms and conditions.
Operative part
Accordingly, this bail application stands disposed of.
While parting with the record, it is made clear that the observation made hereinabove is only for the purpose of consideration of the bail and same shall not influence the investigation or the trial in the event of any charge- sheet is filed. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 34, 306, 387.
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.