ITANAGAR ( By Pradeep Kumar ): Gauhati High Court (Assam, Nagaland, Mizoram and Arunachal Pradesh) bench of chief justice (Acting) N Kotiswar Singh and justice Mir Alfaz Ali has set aside interim bail granted to MLA Goruk Pordung on 28th October 2019 by West Sessions Division sessions judge, Yupia.
Bameng, the BJP legislator had allegedly raped a woman doctor in a city hotel on 12th October 2019, who reportedly was sent by her husband to collect the money he had spent on his election campaign.
The HC verdict came on Thursday, after hearing the case – Victim Vs State of Arunachal Pradesh and MLA Goruk Pordung – on December 4 last.
The HC order, a copy of which was available with this reporter, reads: “The revision is directed against the order dated 28-10-2019 passed by the learned Session Judge, West Sessions Division, Judge, Yupia, Papumpare, Arunachal Pradesh in Anticipatory Bail application No 112/2019.
“The inevitable conclusion is that the grant of bail to the respondent by a non-speaking and non-reasoned order was not proper. Therefore, we set aside the order if the High Court. The bail granted to Respondent 1 stands cancelled. Respondent 1 shall surrender to custody forthwith.
“Grant of bail though being a discretionary order – but, however, calls for exercise of such a discretion in a judicious manner and not as a matter of course. Order for bail benefit of any cogent reason cannot be sustained…..”
Keepin the aforesaid principle in mind, the impugned order being devoid of reasons is vitiated and cannot be sustained and is accordingly set aside, the order added.
It may be recalled here that after the interim bail was granted, victim’s husband and relative, while addressing press persons at Arunachal Press Club on 17th October, 2019, had demanded cancellation of interim bail and his immediate arrest for the heinous crime.