Gauhati High Court: Interim Anticipatory Bail Made Absolute, Upholding Right to Liberty and Custodial Interrogation Evaluation

In a significant ruling, the Gauhati High Court, presided over by Hon’ble Mr. Justice Mridul Kumar Kalita, reaffirmed the importance of safeguarding individual liberties while weighing the necessity of custodial interrogation in a criminal case. The court’s decision, dated 19.07.2023, pertained to a petition for anticipatory bail filed by Ruhul Amin Laskar in connection with Hailakandi Police Station Case No. 05/2023, which involved serious allegations of restraint, attack, and theft under Sections 341, 379, 294, 326, and 34 of the Indian Penal Code.

The court, represented by Advocate Mr. H. I. Choudhury for the petitioner and the Public Prosecutor for the State, engaged in a thoughtful deliberation on whether to make the interim anticipatory bail granted to the petitioner absolute after the charge-sheet had been laid by the Investigating Officer. The court cited relevant judgments from the Supreme Court, including “Salauddin Abdulsamad Shaikh vs. State of Maharashtra” and “Bharat Chaudhary and Ors. Vs. State of Bihar and Ors.,” which emphasized tahe need to consider the gravity of the offense and the requirement for custodial interrogation when evaluating an anticipatory bail application.

The High Court, in its ruling, acknowledged that the mere grant of interim anticipatory bail did not automatically mandate the surrender of the accused after the charge-sheet was filed. Furthermore, the court relied on recent Supreme Court decisions, “Sushila Aggarwal and Ors. Vs. State (NCT) of Delhi and Anr.” And “Dr. Rajesh Pratap Giri vs. State of U.P. and Anr.,” asserting that an accused who had been granted anticipatory bail would remain at liberty until the trial unless specific circumstances necessitated a limitation on the bail period.

Based on careful examination and considering the absence of any misuse of liberty during the interim anticipatory bail period, the court exercised its discretionary power under Section 438 of the Code of Criminal Procedure, 1973, and made the interim anticipatory bail granted to Ruhul Amin Laskar absolute. The court’s ruling ensured that the petitioner would continue to be protected from arrest, subject to certain conditions attached to the interim order.

Date of Decision: 19.07.2023

RUHUL AMIN LASKAR vs THE STATE OF ASSAM