CRP No.05 (A.P) 2010 - Gauhati High Court, Itanagar Permanent ...

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2BEFORETHE HON’BLE MR. JUSTICE P. K. MUSAHARYDate of hearing : 11.01.2011Date of Judgment & Order : 11.01.2011JUDGMENT & ORDER (ORAL)Heard Mr. I. Basar, learned Addl. Public Prosecutor,for the petitioner State of Arunachal Pradesh. Also heard Mr. P.Taffo, learned counsel for respondent accused and Mr. K. Jini,learned counsel for informant Intervener.2. The short facts, involved in this case, are that awritten FIR was lodged by one Smti. Tana Yame with theDoimukh Police Station which was registered as Doimukh P.S.Case No. 18/2010 under Sections 452/352/342 I.P.C.. In thesaid FIR, an allegation was made to the effect that on 30.04.2010at 11.30 P.M., the respondent accused entered into her residenceand assaulted her including her family members without anyprovocation. The police investigated the matter and foundsufficient incriminating evidence/materials against therespondent accused. A bail petition was moved by therespondent accused under Section 438 of the Code of CriminalProcedure, 1973, before this court, for granting him pre-arrestbail. While calling for the CD, this court, vide order dated03.05.2010, granted interim bail to the respondent accused. By
3another order dated 12.05.2010, this court, on perusal of the CDand having found sufficient incriminating materials against therespondent accused, the Bail Application No. 56(AP)2010 somoved by the respondent accused, was rejected and the earlierinterim bail order dated 03.05.2010 was also vacated. Therespondent accused wanted to surrender before the court ofJudicial Magistrate concerned and accordingly, on the prayer ofhis learned counsel, this Court directed him to surrender beforethe court of learned Judicial Magistrate, First Class, Yupia,within 3 days and file an appropriate application for bail andduring the aforesaid period of 3 days, in the event of his arrest inconnection with the aforesaid police case, he was directed to beenlarged on bail on his furnishing a bail bond of Rs. 20,000/-with one local surety of like amount to the satisfaction of thearresting authority. Immediately, on the next day i.e.13.05.2010, a bail application was moved before the court oflearned Judicial Magistrate, First Class, Papum Pare District,Yupia, for release of the respondent accused on bail. The learnedJudicial Magistrate, on 13.05.2010, passed an order releasingthe respondent accused on bail with certain conditions butwithout recording as to whether the respondent accusedsurrendered or appeared before his court prior or at the time ofgranting him bail.4. Mr. Basar, learned Addl. Public Prosecutor,Arunachal Pradesh, submits that the respondent accused was
Page 4 and 5: 4not present before the court of le
Page 6 and 7: 6medical report, the petitioner was
Page 8 and 9: 8question, is holding the post of l
Page 10: 10period of 7(seven) days from toda

CRP No.05 (A.P) 2010 - Gauhati High Court, Itanagar Permanent ...

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