Gauhati High Court
Smti Jyoti Das @ Mami Das vs The State Of Assam on 28 October, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/2
GAHC010002582021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/42/2021
SMTI JYOTI DAS @ MAMI DAS
W/O SRI ROBIN DAS, R/O NATUN MELENG GAON, P.O.-BORKHELIA, P.S.-
TEOK, DIST-JORHAT, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. P HAZARIKA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
28.10.2021 Heard Mr. P.K. Munir, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Smti Jyoti Das @ Mami Das, has approached this Court seeking the benefit of pre-arrest bail, apprehending her arrest in connection with Teok Police Station Case no.
Page No.# 2/2 854/2020 registered for offences under Sections 120B/304B/34, Indian Penal Code [IPC].
The petitioner was provided interim protection on 12.01.2021 with a further direction to appear before the Investigating Officer [I.O.] of the case within 10 [ten] days from 12.01.2021. It has been submitted that pursuant to the order dated 12.01.2021, the petitioner had joined the investigation by appearing before the I.O. and had co-operated with the investigation.
Mr. Goswami, learned Additional Public Prosecutor has submitted that the investigating officer of the case, after completion of investigation in connection with Teok Police Station Case no. 854/2020, has submitted a charge sheet vide Charge Sheet no. 187/2021 dated 05.08.2021 finding a prima facie case against the accused Momi Das, Rajib Das, and Ranjit Das.
Considering the facts that the petitioner was provided interim protection by order dated 12.01.2021; that there is no indication of violation of any of the conditions made in the order dated 12.01.2021 by the petitioner till date; and that the charge sheet has been submitted in the meantime, the benefit of pre-arrest bail under Section 438, CrPC can be extended till the time of appearance to be mentioned in the process issued for her appearance in the trial before the learned jurisdictional trial court. It is ordered accordingly.
In the event it is found that the petitioner has avoided the process, the learned jurisdictional court will be at liberty to consider the matter of continuance of bail of the petitioner or its cancellation as per provisions of law.
With the above observations, the bail application stands disposed of.
JUDGE Comparing Assistant