Gauhati High Court
Deepak Kumar Rana vs The State Of Assam on 17 January, 2023
Page No.# 1/3
GAHC010007622023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/111/2023
DEEPAK KUMAR RANA
S/O- DARSHAN KUMAR RANA, R/O- 2ND FLOOR, H NO. 1, MISHRA NIWAS,
NIRIBILI PATH, P.O- SATGAON, DIST- KAMRUP(M), ASSAM, PIN- 781027
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. S BHUYAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 17.01.2023 Heard Mr. S Mitra, learned counsel for the applicant and also heard Ms. S.H. Bora, learned Additional PP, appearing for the State of Assam.
Apprehending arrest in connection with Dispur PS Case No.34/2023, under sections 448/323/379/506 IPC, read with Page No.# 2/3 section 4 of "The Assam Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage to Property) Act, 2011, this application under section 438 Cr.P.C., is preferred by applicant Deepak Kumar Rana, for grant of pre- arrest bail.
The aforementioned case has been registered on the basis of an FIR lodged by one Ram Gopal Gadwal, on 05.01.2023, to the effect that on that day, one unknown person entered into the cash counter of the Pratiksha Hospital and suddenly started punching over his head and face by holding his neck and attempted to kill him and also said that he will kill him and take all the cash from the counter.
Mr. Mitra, learned counsel for the applicant submits that though the case has been registered under sections 448/323/379/506 IPC read with section 4 of the Assam Medicare Service Persons and Assam Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2011, yet section 379 IPC is not attracted here in this case and no case is also made out under section 4 of the Assam Medicare Service Persons and Assam Medicare Service Institutions Act also, the said offence against the present applicant and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.
On the other hand, Ms. S.H. Bora, learned Addl. PP fairly submits that except Section 4 of the Assam Medicare Service Persons and Assam Medicare Service Institutions Act, the IPC offences, under which the case has been registered, may not get attracted here in this case.
Having heard the submissions of learned advocates for both the sides, I have carefully gone through the petition and the documents placed on record.
Page No.# 3/3 Let the case diary be called for fixing the matter on 02.02.2023.
In the interim, having considered the submission of learned advocates for both the sides and also considering the nature and gravity of the offence and the punishment prescribed for the same, this Court is inclined to extend interim protection to the applicant till the receipt of the case diary.
Accordingly, it is provided that, in the interim, in the event of arrest of the applicant in connection with aforementioned case, the applicant above named shall be enlarged on interim pre arrest bail on his executing a bail bond of Rs.25,000/-, with one surety of the like amount to the satisfaction of the arresting authority. The above privilege of the pre- arrest bail is, however, subject to the following conditions.
1. The applicant shall make himself available before the Investigating Officer for interrogation as and when required.
2. The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.
3. The applicant shall not leave the territorial jurisdiction of learned CJM, Kamrup (M), without his prior permission.
JUDGE Comparing Assistant