Hemanta Kumar Singh vs. The State Of Assam
Held
The Court held that the petitioner had been cooperating with the investigating agency. Considering this cooperation and the fact that the material part of the investigation had substantially progressed, the Court was of the view that custodial interrogation of the petitioner seemed unwarranted. Therefore, the interim order dated September 29, 2023, granting pre-arrest bail, was made absolute in the same terms and conditions. The application for pre-arrest bail was disposed of accordingly.
Facts
The petitioner, Sri Hemanta Kumar Singh, sought pre-arrest bail in connection with Jakhalabandha P.S. Case No. 134/2023, registered under Sections 120(B)/420/379/411 IPC. The FIR alleged that on September 9, 2023, a truck owned by the petitioner, loaded with coke, was found abandoned after an accident. Upon being contacted, the petitioner produced documents and a GST Challan. However, the GST Challan was generated on the day after the accident, and GST was paid on September 10, 2023, leading to suspicion of evasion. The petitioner had previously been granted interim protection by the High Court on September 29, 2023, and had cooperated with the investigation.
Key Issues
1. Whether the interim protection granted to the petitioner under Section 438 Cr.P.C. should be made absolute, considering his cooperation with the investigation. The petitioner argued that he had appeared before the Investigating Officer (IO) pursuant to the interim order and was cooperating. Therefore, the interim protection should be made absolute. The State argued that the investigation had substantially progressed, and the petitioner's statement had been recorded. The State did not explicitly argue against making the interim order absolute but presented the progress of the investigation.
Sections Cited
Section 438 Cr.P.C.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER 07.11.2023 Heard Ms. P. Mishra, learned counsel for the applicant and Mr. K.K. Das, learned Addl. P.P. for the State respondent.
This application, under Section 438 Cr.P.C. is preferred by the applicant namely, Sri Hemanta Kumar Singh, who has been apprehending arrest in connection with Jakhalabandha P.S. Case No. 134/2023, under Sections 120(B)/420/379/411 IPC, for grant of pre-arrest bail.
The above noted case has been registered on the basis of an FIR
Page No.# 2/3 lodged by one ASI, namely, Ashraful Ali of Jhalakhabandha P.S on 11.09.2023. The ess
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