Single judge order granting absolute anticipatory bail under Section 438 CrPC to three accused in a corruption case, finding no incriminating material requiring custodial interrogation.
Interim pre-arrest bail granted vide order dated 09.08.2018 made absolute with conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010123292018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1749/2018
1:MRIGEN SHARMA AND 2 ORS.
SON OF LATE UPENDRA NATH SHARMA
R/O DR. ZAKIR HUSSAIN PATH, 9TH BYE LANE, PUB SORUMOTORIA, PPO HENGRABARI GUWAHATI 781036
2: SRI KRISHNA KANTA BARUAH S/O LATE KASLAB K BARUAH R/O K K BHATTA ROAD CHRISTAIN BASTI HOUSE NO 1 GUWAHATI 781004
3: SRI TRIDEEP CHANDRA TALUKDAR S/O JITENDRA CHANDRA TALUKDAR R/O HOUSE NO 7 LUIT PATH JYOTI NAGAR BAMUNIMAIDAM GUWAHATI 2
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY PP ASSAM
Advocate for the Petitioner : MR. K N CHOUDHURY, SENIOR ADVOCATE
Advocate for the Respondent : PP, ASSAM
Page No.# 2/2
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 03-12-2018
Heard Mr. K. N. Choudhury, learned counsel for the accused-petitioners and Mr. T. K. Mishra, learned Addl. Public Prosecutor for the State respondent.
By this application filed under Section 438 Cr.P.C., the accused-petitioner, namely, (i) Mrigen Sharma, (ii) Krishna Kanta Baruah and (iii) Trideep Chandra Talukdar, are seeking anticipatory bail, apprehending their arrest in connection with Chandmari P.S. Case No. 431/2018 under Sections 120 B/409 IPC.
Case diary produced before this Court has been perused.
On perusal of the case diary, this Court finds no direct incriminating material against the petitioner requiring his custodial interrogation. As such, interim pre-arrest bail granted to the petitioner vide order dated 09.08.2018 is hereby made absolute subject to the condition that he shall co-operate in interrogation and 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 Police Officer or to the Court.
Return the case diary.
The petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant absolute anticipatory bail to the petitioner in a corruption case under Sections 120B/409 IPC.
1 provisions across 1 enactments
MRIGEN SHARMA SD ORS
TIHE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
