Disposed

Mahabir Jain Shyamsukha @ Shri Mahavir Sham Sukha v. the State of Assam

Gauhati HC9 Nov 2021AB/2920/2021

Case brief

AI extract

What is this about?

The Gauhati High Court directed the petitioner, shown as an absconder in a charge-sheet, to approach the Special Judge within 15 days seeking bail. Consequently, an arrest reprieve was granted for 15 days.

What did the court decide?

Arrest reprieve granted for 15 days; petitioner directed to approach the Special Judge within 15 days for bail consideration.

Mahabir Jain Shyamsukha @ Shri Mahavir Sham Sukha Vs the… — Bail and Remand | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010153312021

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2920/2021

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MAHABIR JAIN SHYAMSUKHA @ SHRI MAHAVIR SHAM SUKHA SON OF SHRI BUDHMAL SHYAMSUKHA R/O 29 MAHABIR BHAWAN, A T ROAD, GUWAHATI-781009, DIST. KAMRUP (M), ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A KABRA Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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09-11-2021

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Heard Mr. S.K. Jain, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam, for the State.

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It has been submitted by the learned counsel for the petitioner that the petitioner has been shown as absconder in the charge-sheet. It has further been submitted by Mr. Jain, learned counsel for the petitioner, referring to paragraph 18 of the charge-sheet, that the present petitioner is taken, by the investigating agency, to be the proprietor of Goodluck Courier although he is only an employee under the proprietor of Mr. Mayur Chand Sukha.

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Page No.# 2/2

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By such submission, Mr. Jain, learned counsel for the petitioner desires to convey that the proprietor of Goodluck Courier is Mr. Mayur Chand Sukha and not the present petitioner. He has further submitted that the co-accused persons in the instant case have already been granted bail by various orders of this Court as well as of the Court of learned Special Judge, Assam.

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Since this application has been filed seeking pre-arrest bail in a case where the petitioner is shown as an absconder in the charge-sheet, this Court is of the view that if he approaches the learned Court below with an appropriate application for bail, within 15 days from today, the learned Special Judge shall consider the prayer for bail, on merit, taking into account all relevant factors including the submissions to be made before it by the petitioner.

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For a period of 15 days from today the petitioner shall not be arrested enabling him to approach the learned Court below.

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With the above observations and direction this petition stands disposed of.

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JUDGE

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Comparing Assistant

Mahabir Jain Shyamsukha @ Shri Mahavir Sham Sukha v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mahabir Jain Shyamsukha @ Shri Mahavir Sham Sukha v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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