Interim pre-arrest protection may issue while disputed documents are verified during investigation, subject to cooperation conditions.

Interim pre-arrest protection may be granted under Section 438 CrPC where disputed materials require verification during investigation. The Gauhati HC left the genuineness of the e-way bill to be verified by the Investigating Officer, accepted that the petitioner's role was asserted to relate to only one vehicle, and granted protection pending perusal of the case diary and final consideration. The petitioner was directed to appear before the Investigating Officer, and any arrest would be followed by release on bail subject to conditions securing cooperation with the investigation.

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Issues: Whether interim protection in a pre-arrest bail application should be granted pending verification of the materials in the case diary.

Analysis: The application was moved under Section 438 of the Code of Criminal Procedure, 1973. The request was supported by a claim that the e-way bill was genuine and that the petitioner was concerned with only one vehicle out of the vehicles involved. The Court left the genuineness of the document to be verified by the Investigating Police Officer and, on that basis, granted protection till final consideration after perusal of the case diary.

Conclusion: Interim protection was granted, and the petitioner was directed to appear before the Investigating Police Officer and, in the event of arrest, to be released on bail subject to the stated conditions.

Ratio Decidendi: Interim pre-arrest protection may be granted where the Court considers it appropriate to allow verification of disputed materials during investigation, subject to conditions securing cooperation with the investigation.

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