Gauhati High Court
Om Prakash Sharma And Anr vs The State Of Assam on 22 November, 2019
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/3
GAHC010278832019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 3577/2019
1:OM PRAKASH SHARMA AND ANR.
S/O LT. BASUDEV SHARMA, PERMANENT R/O SIKAR TOWN, P.SO. AND
DIST. SIKAR, RAJASTHAN, PRESENT ADDRESS. C/O PURMA LAPANG,
AMGAK BYRNIHAT, 16TH MILE, P.O. NONGPOH, MEGHALAYA
2: PANKAJ SHARMA
S/O SIR OM PRAKASH SHARMA
PERMANENT R/O SIKAR TOWN
P.SO. AND DIST. SIKAR
RAJASTHAN
PRESENT ADDRESS. C/O PURMA LAPANG
AMGAK BYRNIHAT
16TH MILE
P.O. NONGPOH
MEGHALAY
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 22-11-2019 Heard Mr. BK Mahajan, learned counsel for the accused-petitioners and Mr. NJ Dutta, learned Page No.# 2/3 Additional Public Prosecutor, Assam, appearing for the State respondent.
This is an application, under Section 439 CrPC, seeking bail of the accused-petitioners, namely, Om Prakash Sharma and Pankaj Sharma, in connection with CID PS Case No. 06/2018 registered under Section 120(B)/379/420/468/471 IPC 1(A)/489(A)/34 read with Section 22 of NDPS Act and 25(1)(a) of Arms Act.
Considered the submission of learned counsel for both sides and perused the case diary.
So far the allegation in the FIR is concerned, it appears that police registered the case and initiated investigation on the basis of the information about trading of illegal coal by a section of people. There is, however, no any name of persons/miscreants mentioned in the FIR in connection with the same. But in the forwarding report while arresting the accused-petitioner, the I.O. has stated that the accused persons have running coal business unauthorizedly and stored illegal coal by violating government rules without any valid document in support of such procurement and stock etc. The present two petitioners have produced the trade licence as well as other connected documents vide Annexure-C & D series in support of their contention that they not only have trade licence to run the business of coal but also have all requisite documents in support of contention that they procured the coal in due manner.
I have gone through the documents and the case diary. The learned Addl. PP did not question the authenticity of said documents as it bears requisite seal and signatures of the concerned officials/authorities from the government of Meghalaya.
Annexure-C is trade licence, issued in favour of the petitioner, Om Prakash Sharma, of 2019- 2020 for the period from 1.7.2019 to 30.6.2020. All those documents, prima facie, indicates that the petitioner has procured all relevant documents while running the aforesaid coal business, which is contrary to the allegation made in the FIR.
The objection raised by the I.O. is not sustainable in view of the documents produced on and behalf of the accused-petitioners. However, the Investigating Officer of the case may proceed with proper investigation of the case in due manner.
Considering all entirety of the matter, it appears that further custodial interrogation of the petitioners is unwarranted. Accordingly, prayer for bail is granted.
Accordingly, the accused/petitioners, namely, Om Prakash Sharma and Pankaj Sharma, are allowed to go on bail on furnishing bail bond of Rs.25,000/- each with one surety of like amount each Page No.# 3/3 in connection with CID PS Case No. 06/2018 to the satisfaction of learned Special Judge, Assam at Guwahati.
The application stands disposed of accordingly.
JUDGE Milansinha/ Comparing Assistant