- Court
- High Court of Gauhati
- Decided
- 10 March 2024
- Bench
- Parthivjyoti Saikia
- Case no.
- AB 38/2024
Judgment
ORDER Date : 11-03-2024 Heard Mr. P. K. Gour, the learned counsel for the petitioner and Mr. T. Ete, the learned Additional Public Prosecutor for the State of Arunachal Pradesh. Page No.# 2/3
This is an application under Section 438 of the Cr.P.C. in respect of Balijan P.S. Case No.02/2024, under Sections 341/397/325/427/506 of the Indian Penal Code.
It is alleged that on the day of occurrence i.e. on 04.02.2024, at about 11 pm while the informant was returning home, he was attacked by the petitioner and his associates. They used sharp weapons and threw away his mobile phone. They searched his pocket and took away his wallet. It is further alleged that those persons physically assaulted and also caused damaged to his scooter.
Mr. T. Ete, the learned Additional Public Prosecutor submits that the petitioner is habitual offender. Giving one example of his conduct, Mr. T. Ete, submits that in another Balijan P.S. Case No. 18/2023 registered under Sections 120 B/325/427/336/506/34 of the IPC, read with Section 27 of the Arms Act, he was released on interim bail and while he was in interim bail, he has committed this offence.
I have considered the submission of the learned counsel of both sides.
The provision of law as laid down in Section 438 of the Cr.P.C is Page No.# 3/3 meant to be used in the present scenario. Therefore, the present bail application of the petitioner, Shri Tamchi Nukh is rejected and bail application stands disposed of.
Case diary shall be returned.
JUDGE Comparing Assistant
Case details
Parties and counsel
Page No.# 1/3 GAHC040002752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/38/2024 Tamchi Nukh Son of Tamchi Dogum, a permanent resident of Village Nioph Nioya, PO and PS Sangram, Kurung Kumey District, Arunachal Pradesh and presently residing at Chandranagar, PO RK Mission, PS Itanagar, Papumpare District, Arunachal Pradesh VERSUS The State of AP represented by the PP Advocate for the Petitioner : Tadu Bayor Advocate for the Respondent : P P of AP BEFORE HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Source: High Court of Gauhati, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.