Gauhati High Court
Sushil Kumar Jain vs The State Of Assam on 6 June, 2022
Author: Robin Phukan
Bench: Robin Phukan
Page No.# 1/3
GAHC010109292022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1538/2022
SUSHIL KUMAR JAIN
S/O- LATE PRAKASH CHAND JAIN, R/O- HOUSE NO. 29A, NEW MARKET,
LATIKA HALL AREA, DIMAPUR, PIN- 797116, NAGALAND.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. P K MUNIR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : --06.06.2022 Apprehending arrest in connection with Dillai Police Station Case No. 14/2022, registered under section 379/411/406/34 of IPC, this application under section 438 Cr.P.C, is preferred by the accused applicant, Sushil Kumar Jain for granting him pre-arrest bail.
It is to be mentioned here that Dillai P.S. Case No. 14/2022 is registered Page No.# 2/3 on the basis of one FIR dated 24.05.2022, lodged by one Akash Gogoi SI (P), Dillai Police Station alleging interalia that while conducting naka checking two vehicles viz AS01 LC0227 and AS02 CC7913 were stopped and on being searched, 45 bags of suspected Burmese supari weighing 2100 Kgs and 20 bags of suspected Burmese Supari weighing 890 Kgs respectively were recovered from the said two vehicles. The driver of the vehicle could neither give satisfactory answer nor could produce any legal documents of the said suspected Burmese suparis.
Heard Mr. P.K. Munir, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.
Mr. P.K. Munir, learned counsel for the accused/petitioners submits that the petitioner deals with the business of grocery and used to purchase betel nuts form local vendors and store them in his godown and on the basis of information furnished by one of the driver, the police conducted search in his godown on 24.05.2022 and seized the articles from his godown. Mr. Munir further submits that petitioner purchased the aforesaid nuts vide invoices which are annexed as annexure-4 series and that he is innocent and therefore, contended to enlarge him on pre-arrest bail.
Having heard the submission of learned advocates for both sides, it is provided that the case diary of Dillai Police Station Case No. 14/2022, registered under section 379/411/406/34 of IPC, be called for fixing 21.06.2022.
Further considering the submission of learned counsel for both sides and also considering the nature of accusation and the punishment prescribed for the offence and also the documents placed on record, this Court is inclined to extend the interim protection to the accused petitioner, Sushil Kumar Jain till Page No.# 3/3 receipt of the case dairy.
Accordingly, it is provided that in the event of arrest of the petitioner he shall be released on interim pre-arrest bail on furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand) only with one surety of like amount to the satisfaction of the arresting authority, in connection with Dillai Police Station Case No. 14/2022, registered under section 379/411/406/34 of IPC, which of course subject to following conditions:
(i) That the accused petitioner shall not leave the territorial jurisdiction of the learned S.D.J.M(M), Bokajan without prior permission,
(ii) That the petitioner shall not hamper or tamper with the investigation in any manner; and
(iii) That the petitioner 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 him from disclosing such facts to the Court or to any police officer.
JUDGE Comparing Assistant