Gauhati High Court
Baban Das vs The State Of Assam on 31 October, 2023
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GAHC010247782023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3706/2023
BABAN DAS
S/O LATE KUSHESWAR DAS, R/O NAKARI BORIGAON (DULIAGAON),
MOUZA-HAZARI, DIST-JORHAT, ASSAM, PIN-785001
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. P K ROYCHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 31.10.2023 Heard Mr. P.K. Roy Choudhury, learned counsel for the accused applicant.
2. By this application under Section 438 of the Cr.P.C., 1973, the accused applicant Sri Baban Das has prayed for grant of privilege of pre-arrest bail in connection with Jorhat Sadar Excise Case No. 249/2023 under Section 53(i)(a) of Assam Excise (Amendment) Act, 2018.
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3. This Court on 27.10.2023 has directed the accused applicant to serve the copy on the learned standing counsel for the Excise Department. Today when the matter is listed, Mr. P.K. Roy Choudhury, learned counsel for the accused applicant has submitted that he has already served a copy of the bail application to Mr. P.N. Goswami learned standing counsel for the Excise Department. Despite acknowledgement of the service of notice, the learned standing counsel remains absent.
4. In view of the amendment to the Sections 49 and 53(i)(a) of the Assam Excise Act, 2000, this Court is of the view that the Public Prosecutor may appear on behalf of the State of Assam. Accordingly, Mr. M.P. Goswami, learned Additional Public Prosecutor was requested to appear and thereafter both the learned counsel for the parties have been heard on the interim.
5. Mr. M.P. Goswami, learned Additional Public Prosecutor has argued that this is not a fit case where interim bail can be granted and if any interim order is to be passed, it may be passed after hearing the learned standing counsel for the Excise Department.
6. Having considered the submissions of the learned counsel for the parties and on perusal of the materials available in the application, this Court deems it appropriate to grant interim pre-arrest bail to the accused applicant namely, Sri Baban Das.
7. Accordingly, in the event of arrest, the accused applicant namely, Sri Baban Das shall be released on interim bail on furnishing a bail bond of Rs. 30,000/- with surety of like amount to the satisfaction of the arresting authority on the following condition:
I. The accused applicant shall appear before the A.I.E. Jorhat Page No.# 3/3 (Sadar) Excise Office within 7(seven) days from the date of this order.
8. Call for the scanned copy of the case records of Jorhat Sadar Excise Case No. 249/2023.
9. List on 10.11.2023.
JUDGE Comparing Assistant