Gauhati High Court
Akhil Gogoi vs The State Of Assam on 11 May, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/2
GAHC010069332020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1093/2020
1:AKHIL GOGOI
S/O- LATE BOLO RAM GOGOI, R/O- HOUSE NO. 40, NIZARAPAR, P.S.
CHANDMARI, GUWAHATI- 781003, DIST.- KAMRUP(M), ASSAM.
VERSUS
1:THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR Z KAMAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 11-05-2020 Heard Mr. Z. Kamar, learned Senior Counsel assisted by Mr. S. Borthakur, learned counsel for the petitioner and Mr. P. P. Baruah, learned Public Prosecutor for the State of Assam.
By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Sri Akhil Gogoi has prayed for pre-arrest bail, apprehending his arrest, in connection with Teok Police Station Case No. 694/2019, registered under Sections 120B/145/151/153A/157/124A/153/158/ 283/291/431/505(2)/384, Indian Penal Code.
It is submitted by Mr. Kamar that the petitioner had/has been arrested in connection with a number of other cases registered in various police stations and was/is in custody in connection with those cases, mentioned at paragraph 8 of the bail application. In connection Page No. 2/2 with Jorhat Police Station Case No. 3498/2019 registered under Sections 120B/145/151/153/153A/157/158/287/291/431, Indian Penal Code, the petitioner was arrested on 12.12.2019 and, later on, released on bail by the learned Sessions Judge, Jorhat. He has submitted that in some other cases also, he was released on bail. While he was released on bail for some cases, the petitioner is still in custody as he has not been granted bail as yet in some other cases. The First Information Report (FIR) in Teok Police Station Case No. 694/2019 was registered on 11.12.2019 but despite being in custody in connection with other cases since 12.12.2019, the petitioner has not been arrested/shown arrested in connection with the case till date.
In response, Mr. Baruah, learned Additional Public Prosecutor for the State has submitted that on 04.05.2020, the Investigating Officer of the case has submitted an application before the learned Chief Judicial Magistrate, Jorhat with the prayer to allow him to show the petitioner arrested in connection with Teok Police Station Case No. 694/2019. The said application is pending consideration on date.
This Court on 20.04.2020 had issued notice to the learned Additional Public Prosecutor to place the status report pertaining to the Teok Police Station Case No. 694/2019 on 06.05.2020 and thereafter on 06.05.2020, had called for production of the case diary.
Perused the contents of the FIR lodged by one Kasem Ali who had lodged the FIR, apparently on the basis of the information he stated to have gathered on his inquiry. Having considered the above fact situation, it is found that a perusal of the concerned case diary is found necessary. Learned Additional Public Prosecutor for the State shall produce the concerned case diary which was called for earlier by this Court, on the next date fixed.
List the matter on 20.05.2020. Till the next date no coercive action shall be taken against the petitioner.
Let a copy of this order be issued to the learned counsel for the petitioner under the signature of the Court Master.
JUDGE Comparing Assistant