PRANAB RAUTH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application, made under Section 438 Cr. P. C. , seeking pre-arrest bail for the accused-petitioner, namely, Sri Pranab Rauth, in connection with CID Police Station Case No. 29/2005 under Sections 419/209/365 IPC.

(2.) PERUSED the above application and materials on record including a copy of the order, dated 09. 01. 2008, passed, in Bail Application No. 4702/2007, whereby the High Court had granted pre-arrest bail to the present petitioner in connection with the case aforementioned subject to certain conditions. The directions for pre-arrest bail and the conditions, imposed by the Court, were as under:

(3.) A bare perusal of the conditions, subject to which the pre-arrest bail had been granted by the High Court, clearly shows that the said directions for pre-arrest bail were to remain in force for a period of three months and, thereafter, the petitioner was directed to seek regular bail from the appropriate Court if so required. The petitioner did not, however, make any application for regular bail in the Court of the Chief Judicial Magistrate, Kamrup, Guwahati, which is the appropriate Court; rather, the petitioner has, once again, chosen to come to this Court with the help of the present application, made under Section 438 Cr. P. C. , seeking directions for pre-arrest bail on the ground that though he had been directed to seek regular bail from the appropriate Court, there is likelihood that the learned Court below may not allow his application for regular bail.