Gauhati High Court
Khalil Paramanik @ Khalilur Pramanik vs The State Of Assam on 10 August, 2020
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010088252020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1596/2020
1:KHALIL PARAMANIK @ KHALILUR PRAMANIK
S/O- LATE OHED ALI @ WAHED ALI, R/O. VILL- BANIAMARI PART IV, PS-
GAURIPUR, DIST- DHUBRI, ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY PP ASSAM
Advocate for the Petitioner : MR. A A R KARIM
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 10-08-2020 Heard Mr. A. A. R. Karim, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.
Mr. Sarma, learned Additional Public Prosecutor submits that the case diary recorded by the police is up to 09.05.2020. He therefore, submits that up- to-date case diary would be necessary.
This application under Section 438, Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed praying for pre-arrest bail of the petitioner apprehending Page No.# 2/3 his arrest, in connection with Gauripur P.S. Case No. 291/2020 under Sections 379/406/408/409 IPC read with Section 7 of the Essential Commodities Act, 1955.
Mr. Karim, learned counsel appearing for the petitioner submits that a perusal of the FIR clearly reveals that the allegations relate to violation of provisions of Assam Public Distribution Allotment Order, 1982. The learned counsel for the petitioner submits that Section 7 of the Essential Commodities Act, 1995 has been held to be a bailable offence by this Hon'ble High Court. He further submits that there are no ingredients of Section 379, 406, 408 & 409 as alleged and therefore no offence under those sections are made out. The learned counsel for the petitioner also submits that there is no allegation that the bags of rice are stolen goods by the petitioner. Accordingly, he submits that if interim protection be granted, the petitioner will fully co-operate with the police and the investigation conducted. He further submits that on the date when the search was made in his premises he was out of his residence because of medical treatment for his son. He, therefore, submits that he being respectable man in the society and the sole bread earner of the family, interim protection be granted in the meantime.
Upon hearing the learned counsels for the parties, I am of the view that the petitioner can be granted interim bail in connection with Gauripur P.S. Case No. 291/2020 under Sections 379/406/408/409 IPC read with Section 7 of the Essential Commodities Act, 1955. In the event of his arrest he shall be released on bail of Rs. 30,000/- (Rupees Thirty Thousand Only) with one local surety of the like amount to the satisfaction of the arresting authority.
The interim pre-arrest bail shall, however, be subjected to the following conditions:-
1. That the petitioner shall appear before the Investigating Officer within 7(seven) days and co-operate in the investigation as and when required;
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2. The petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from Officer-in-Charge, Gauripur P.S.
3. That the petitioner shall not hamper or tamper with the investigation in any manner; and
4. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.
List this matter again after 4(four) weeks.
JUDGE Comparing Assistant