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GAUHATI HIGH COURT
Mir Alfaz Ali, J.
Abdul Jalil - Appellant
Versus
State Of Assam - Respondent
AB 34 of 2020
Decided On : 17-02-2020
Section 438 Cr.P.C. - Pre-arrest Bail - Allegation of Stone Pelting Resulting in Death - Court grants pre-arrest bail to the petitioner based on the post-mortem report indicating natural death and no injuries on the victim's body.
Fact of the Case:
The petitioner filed an application for pre-arrest bail apprehending arrest in connection with a case involving allegations of pelting stones at the father of the informant, resulting in injuries and death.
Finding of the Court:
The Court found that the post-mortem report indicated the death of the deceased was natural and no injuries were found on the body of the victim. Considering the nature of the accusation and the materials in the case diary, the Court concluded that custodial interrogation of the petitioner may not be necessary for the purpose of investigation.
Issues: Allegation of stone pelting resulting in death, nature of accusation, and necessity of custodial interrogation.
Ratio Decidendi: The decision to grant pre-arrest bail was influenced by the post-mortem report indicating natural death and no injuries on the victim's body, as well as the nature of the accusation made in the FIR.
Final Decision: The petitioner was granted pre-arrest bail with the condition to appear before the Investigating Officer within 15 days and to cooperate with the investigation.
JUDGMENT
Heard Mr. MZ Shah, learned counsel for the petitioner and Mr. TK Mishra, learned Addl. PP, Assam.
1. This is an application under Section 438 Cr.P.C. filed by the petitioner, namely, Abdul Jalil, praying for pre-arrest bail apprehending arrest in connection with Kalgachia PS Case No.668/2019 (corresponding to GR Case No.4333/2019) under sections 325/302/506/34 IPC.
Case diary called for is received and perused.
2. The allegation made in the FIR was that the petitioner pelted stone to the father of the informant who sustained injuries and died in the hospital.
3. Learned counsel for the petitioner submits that the FIR was lodged by making concocted statement because of enmity as there were several FIRs lodged prior to this present FIR.
4. Case diary shows that post-mortem report is available.
5. As per the post-mortem report, the death of the deceased was natural and there was no injury found on the body of the victim. Having considered the materials in the case diary and the nature of accusation made in the FIR, this Court is of the view that custodial interrogation of the petitioner may not be necessary for the purpose of investigation of the case. Accordingly, it is provided that, in the event of arrest of the petitioner in connection with the aforementioned case, the petitioner above named shall be released on furnishing a bail bond of Rs.20,000/-, with a suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions.
1. The petitioner shall appear before the Investigating Officer within 15 days and co-operate with the investigation.
2. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
The pre-arrest bail application stands disposed of. Send back the case diary.
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