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2018 DIGILAW 92 (MEG)

Johirul Islam Sarkar v. State of Meghalaya

2018-12-13

MOHAMMAD YAQOOB MIR

body2018
JUDGMENT : Mohammad Yaqoob Mir, J. 1. Petitioner apprehending arrest in connection with Tura Women P.S. Case No. 58 (10) 2018 for the commission of offences punishable under Sections 498A and 306 IPC has moved an application under section 438 CrPC, 1973 before the Court of Sessions Judge, West Garo Hills, Tura which has been rejected vide order dated 12.11.2018 on the ground that the Investigating Officer has to be given chance for thorough custodial interrogation. 2. Petitioner has now again filed the instant application for grant of pre-arrest bail on the grounds as projected in the application. 3. The Investigating Officer of the case has filed an affidavit stating therein that he has already recorded statements of three witnesses including the complainant and has seized certain articles. The investigation is at the preliminary stage, if accused is granted bail, same will hamper the investigation. 4. Heard learned counsel for the petitioner as well as learned Addl. PP. 5. The allegation against the petitioner is that he was mentally torturing the victim (his wife), was not providing her enough food and financial support as a result whereof, the victim has taken extreme steps i.e., committed suicide. 6. Learned counsel for the petitioner contends that the petitioner and the victim had solemnized their marriage eight years prior to the date of occurrence. During eight years never ever any compliant or any report was lodged against the petitioner. The petitioner himself is demoralized and shocked due to suicide committed by his wife. The petitioner is available to cooperate with the investigating agency and will not in any manner tamper with the investigation. Petitioner is entitled to concession of pre-arrest bail in view of the law laid down by the Hon'ble Apex Court in the judgments, reported in (2007) 10 SCC 797 and (2015) 11 SCC 753 . 7. The petitioner is available to cooperate with the investigating agency and will not in any manner tamper with the investigation. Petitioner is entitled to concession of pre-arrest bail in view of the law laid down by the Hon'ble Apex Court in the judgments, reported in (2007) 10 SCC 797 and (2015) 11 SCC 753 . 7. The report of the Investigating Officer that the investigation is at the preliminary stage, accused is absconding from the date of First Information Report (FIR), is not cooperating and in case he is granted pre-arrest bail the progress of investigation will be hampered furthermore, evidence will be destroyed is without any substance because the case has been registered on 03.10.2018, more than two and a half months have already elapsed, there is no allegation that the petitioner has in any manner destroyed any evidence or in any manner tampered with the evidence, the petitioner is available and will cooperate with the investigating agency. 8. Learned Addl. PP would submit that the petitioner does not deserve concession under section 438 CrPC, 1973 because the allegations against him are serious. 9. While considering the rival submissions, pleadings and status report filed by the Investigating Officer then important fact that the petitioner and victim were married eight years prior to the date of occurrence, there was no any report or allegation against the petitioner for eight long years coupled with the fact that the occurrence has taken place on 03.10.2018, more than two and half months have already elapsed, accused has not been apprehended neither there is any allegation that in any manner he has tampered the evidence. 10. In the given facts and circumstances and in the better interest of investigation, the petition is disposed in the following manner:- (i) The petitioner in the event of arrest in connection with the said case shall be released on furnishing surety bond to the tune of Rs. 10. In the given facts and circumstances and in the better interest of investigation, the petition is disposed in the following manner:- (i) The petitioner in the event of arrest in connection with the said case shall be released on furnishing surety bond to the tune of Rs. 20,000/- and personal bond of the like amount to the satisfaction of Investigating Officer concerned; (ii) The petitioner of his own will report to the Investigating Officer on 19.12.2018 at 10:30 AM and will remain available to him for investigation purposes in the police station from 10:30 AM to 4:00 PM for a period of seven days thereafter, to remain available as and when required by the Investigating Officer; (iii) The petitioner will not in any manner tamper with the evidence and; (iv) He will not leave the limits of district Tura without proper permission of the Investigating Officer. 11. It shall be open to the Investigating Officer to seek cancellation of concession as granted, if the petitioner violates any of the conditions of the order or otherwise if required, by laying a proper motion. Since the winter vacations are to commence w.e.f. 24.12.2018, such a motion if required, is open to be laid before learned vacation Judge. 12. Application is accordingly disposed of.