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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ARUN DEV CHOUDHURY
Pulin Saikia – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. Heard Mr. G. Phukan, learned counsel for the petitioner. Also heard Mr. W.R. Medhi, learned counsel appearing for the Investigating Officer of Dhakuakhana P.S. Case No. 19/2024 and Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam representing the State of Assam and Mr. N.J. Dutta, learned Amicus Curiae.
2. By this application under Section 438 of Code of Criminal Procedure, 1973, the petitioner, namely, Pulin Saikia has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Dhakuakhana Police Station Case No. 19/2024 (corresponding to G.R. Case No. 23/2024) registered under Sections 420 /406 of IPC.
3. In the First Information Report, lodged on 24.02.2024, the petitioner is named as an accused along with one Smti. Pinki Tamuli. In the said FIR, it has, inter alia, been alleged that the accused persons, named in the FIR, along with assistance of 2 (two) other persons opened accounts and received different sums in the name of an organization, Axom Gaonlia Nidhi Limited with the projection that the organization was purportedly a Government approved organization. With the allegation that the money, so received
The court established that police cannot arrest individuals under interim bail without prior court permission, emphasizing the need for proper procedures in maintaining judicial authority over invest....
Duty of the prosecutor to protect the rights of the accused and the need to avoid unnecessary arrests and mechanical remands.
An accused petitioner does not forfeit bail conditions if he complies, and the court may extend interim bail even after charge sheet submission if no misuse is alleged.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Anticipatory bail applications are maintainable even if the petitioner is already in custody for another case, affirming the protection of personal liberty under Article 21.
No accused can be permitted to frustrate judicial process by his conduct.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
(1) Anticipatory bail – Once anticipatory bail is granted, it ordinarily continues without fixed expiry – Filing of charge-sheet, taking of cognizance, or issuance of summons does not terminate prote....
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