JEHIRUL BORA @ JEHIRUL BORAH v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE AJIT BORTHAKUR
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-16. JEHIRUL BORA @ JEHIRUL BORAH v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010141502020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2761/2020 JEHIRUL BORA @ JEHIRUL BORAH S/O HAKIB BORA, VILL-RANGMAHAL, P. O. -RANGMAHAL, P. S. - CHANGSARI, DIST-KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER 16. 12. 2020 Heard Mr. P. Das, learned counsel for the petitioner and Ms. S. H. Borah, learned Addl. PP. , Assam appearing for the State/respondent. By this application under Section 438 Cr. P. C. , the petitioner, namely Jehirul Bora has prayed for pre-arrest bail apprehending arrest in connection with Changsari P. S. Case No. 524/2020 under Section 379 of the IPC read with Section 24 of the Assam Forest Regulation Act, 1891. Page No. # 2/2 The case diary, as called for, is placed before the Court.
It may be mentioned that this Court, by order, dated 14. 10. 2020, granted the privilege of interim pre-arrest bail to the petitioner, subject to conditions. Perusal of the case diary reveals that there is scanty prima facie incriminating material against the petitioner. On consideration of the pros and cons of the evidence so far collected by the I. O. , this Court finds that custodial interrogation of the petitioners may not be necessary in the interest of ongoing investigation. It is also noticed that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr. P. C. as per the interim pre-arrest bail granted earlier. The petitioner is co-operating in the investigation and there is no adverse report against the petitioner from the I. O. Accordingly, the interim pre-arrest bail, granted vide order, dated 14. 10.
2020 is hereby made absolute, subject to the condition that he shall co-operate in investigation as and when required and he shall not commit similar offence, of which he is suspected commission. Return the case diary. This disposes off the application. JUDGE Comparing Assistant
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