Gauhati High Court
Sushil Kumar Jain vs The State Of Assam on 18 August, 2022
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
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
18.08.2022.
Heard Mr. P.K. Munir, learned counsel for the accused/applicant and also heard Mr. P. Borthakur, learned Additional P.P. for the State respondent.
Applicant Sushil Kumar Jain, apprehending arrest in connection with Dillai P.S. Page No.# 2/3 Case No. 14/2022, under Sections 379/411/406/34 IPC, approached this Court by filing this application under Section 438 Cr.P.C., for grant of pre-arrest bail.
It is to be mentioned here that Dillai P.S. Case No. 14/2022 has been registered on the basis of one FIR dated 24.05.2022, lodged by SI Akash Gogoi of Dillai Police Station, wherein it is alleged that during naka checking, two vehicles bearing Regn. No.AS-01/L-C0227 and AS-02/CC-7913 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 and the drivers of the vehicle could not give any satisfactory answer and also they could not produce any valid documents of the said suspected Burmese supari.
Mr. P.K. Munir, learned counsel for the accused/petitioner submits that in view of the order passed by this Court on 06.06.2022, the applicant appeared before the I.O. and his statement has already been recorded and that he has been cooperating with the investigating agency and his custodial interrogation is not required and therefore, Mr. Munir contended to make the interim order dated 06.06.2022 absolute, in the same terms and conditions.
On the other hand, producing the case diary before this Court, Mr. P. Borthakur, learned Additional Public Prosecutor, Assam submits that the applicant appeared before the I.O. and his statement is recorded and in the interest of investigation, his custodial interrogation may not be required.
In view the submissions of learned Advocates of both sides and in view of the materials collected in the case diary, this Court is of the view that custodial interrogation of the applicant seems to be unwarranted in the interest of investigation and he is cooperating with the investigating agency.
Page No.# 3/3 In view of above, this Court is inclined to make the interim order, dated 06.06.2022, absolute in the same terms and conditions.
Accordingly this anticipatory bail application stands disposed of.
The Case Diary be sent back.
JUDGE Comparing Assistant