MONESWAR BARUAH v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-04. MONESWAR BARUAH v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010139432020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2864/2020 MONESWAR BARUAH S/O SRI SUKHESWAR BARUAH RESIDENT OF MARUWARI PATTY, PO CHAPAKHOWA, PS SADIYA, DIST TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. S P CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA ORDER 04-12-2019 This is an application made under Section 438 Cr. P. C. , seeking pre-arrest bail by the petitioner, namely, Sri Moneswar Baruah, apprehending arrest in connection with Sadiya Police Station Case No. 37/2020, registered under Sections 354(b)(c)/395 of the IPC. I have perused the petition including the copy of the FIR and the documents annexed therewith. The case diary produced has also been perused. Page No. # 2/2 Heard Mr. S. P. Choudhury, learned counsel appearing for the petitioner and Mr. M. P.
Goswami, learned Additional Public Prosecutor. On examination of the materials in the case diary it does not appear that custodial interrogation of the petitioner is essential for the purpose of investigation of this case. That apart, the petitioner has produced an affidavit in which informant has made a statement that the case is the result of misunderstanding between the parties. On the other hand, the petitioner has appeared before the Investigating Police Officer in accordance with the order granting interim pre-arrest bail to him. His statement has already been recorded and he has not misused the liberty granted to him. That being so, the petitioner is granted the privilege of pre-arrest bail. Accordingly, the interim pre-arrest bail granted to the petitioner, vide order dated 20-10-2020, is made absolute by this order on the same terms and conditions. The anticipatory bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant
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