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[Cites 6, Cited by 1]

Gauhati High Court

Gauri Shankar Sharma And 3 Ors vs Page No.# 2/3 on 29 May, 2019

                                                               Page No.# 1/3

GAHC010058332019




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : AB 810/2019

         1:GAURI SHANKAR SHARMA AND 3 ORS.
         S/O LATE GHEWAR CHAND SHARMA, R/O WARD NO. 4, MAIN ROAD
         (NEAR CENTRAL BANK), P.O. AND P.S-BONGAIGAON, DIST-BONGAIGAON,
         ASSAM

         2: SUBHAM SHARMA
          S/O GAURI SHANKAR SHARMA
          R/O WARD NO. 4
          MAIN ROAD
          (NEAR CENTRAL BANK)
          P.O. AND P.S.-BONGAIGAON
          DIST-BONGAIGAON
         ASSAM


         3: RAJESH DAS
          S/O LATE AJIT DAS
          R/O PALPARA
          P.O.-BIJNI
          DIST-CHIRANG (BTAD)
         ASSAM


         4: DILEEP KUMAR SHARMA
          S/O LATE BAJRANG LAL SHARMA
          C/O M.S SHARMA STORES
          MAIN ROAD
          BONGAIGAON
          P.O. AND P.S.-BONGAIGAON
          DIST-BONGAIGAON
         ASSA

         VERSUS
                                                                                    Page No.# 2/3

            1:THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner   : MR. M BISWAS

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                        HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                            ORDER

Date : 29-05-2019 Heard Mr. M. Biswas, learned counsel for the petitioners and Mr. NJ Dutta, learned Addl. Public Prosecutor for the State.

By this application u/s 438 Cr.P.C., the petitioners, namely, (1) Gauri Shankar Sharma, (2) Shubham Sharma, (3) Rajesh Das and (4) Dileep Kumar Sharma have prayed for pre- arrest bail apprehending arrest in connection with Bongaigaon P.S. Case No. 143/2019 under sections 354/294/323/506/34 IPC.

Perused the FIR and the documents annexed therewith. Also perused the case diary produced today.

It appears that the petitioners were already granted interim bail and they have been interrogated in the meantime.

Having regard to the allegations made in the FIR and also the materials in the case diary, this Court is of the view that custodial interrogation of the petitioners may not be necessary in the interest of investigation and therefore it appears to be a fit case for granting the privilege of pre-arrest bail to the petitioners. Accordingly, the order dated 18-03-2019 granting interim pre-arrest bail to the petitioners is hereby made absolute under the same terms and conditions.

Send back the case diary.

The anticipatory bail application accordingly stands disposed of.

Page No.# 3/3 JUDGE Comparing Assistant