The Gauhati High Court disposed of two petitions seeking pre-arrest bail in connection with an FIR for obstructing police duty and causing injury. The Court rejected the applications, deeming the offences serious due to the arrest of police personnel.
Pre-arrest bail applications rejected; case diary returned.
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.# 1/5
GAHC010174102021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3393/2021
LAKHI PANIKA AND 7 ORS
W/O- SRI BUDHRAM PANIKA R/O- VILL- GELAPANI, OATING GRANT, P.SJAMUGURI, MOUZA- GHILADHARI, DIST- GOLAGHAT, ASSAM
2: ANUJ PANIKA S/O- DEBANANDA PANIKA R/O- VILL- GELAPANI OATING GRANT P.S- JAMUGURI MOUZA- GHILADHARI DIST- GOLAGHAT ASSAM
3: MOHESH PANIKA S/O- DEBANANDA PANIKA R/O- VILL- GELAPANI OATING GRANT P.S- JAMUGURI MOUZA- GHILADHARI DIST- GOLAGHAT ASSAM 4: SABITA PANIKA W/O- SRI DILIP PANIKA R/O- VILL- GELAPANI OATING GRANT P.S- JAMUGURI MOUZA- GHILADHARI DIST- GOLAGHAT ASSAM
5: BABLU SAWRA S/O- SRI AJAD SAWRA R/O- VILL- GELAPANI OATING GRANT
Page No.# 2/5
P.S- JAMUGURI MOUZA- GHILADHARI DIST- GOLAGHAT ASSAM 6: DURGI BAWRI W/O- SAMRAI BARAIK R/O- VILL- GELAPANI OATING GRANT P.S- JAMUGURI MOUZA- GHILADHARI DIST- GOLAGHAT ASSAM 7: PUNAM PANIKA W/O- SRI DEBANANDA PANIKA R/O- VILL- GELAPANI OATING GRANT P.S- JAMUGURI MOUZA- GHILADHARI DIST- GOLAGHAT ASSAM 8: MUNU PANIKA @ MANUJ PANIKA S/O- SRI DEBANANDA PANIKA R/O- VILL- GELAPANI OATING GRANT P.S- JAMUGURI MOUZA- GHILADHARI DIST- GOLAGHAT ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. K BORUAH
Advocate for the Respondent : PP, ASSAM
Page No.# 3/5
Linked Case : AB/3399/2021
LALIT RAJ AND 2 ORS S/O LATE KRIPAL RAJ R/O VILL- GELAPANI OATING GRANT P.S.-JAMUGURI MOUZA- GHILADHARI DIST-GOLAGHAT ASSAM 2: SMTI. SHANTI RAY W/O LALIT RAJ R/O VILL- GELAPANI OATING GRANT P.S.-JAMUGURI MOUZA- GHILADHARI DIST-GOLAGHAT ASSAM 3: JANMAN PANIKA S/O SHRI DEBANANDA PANIKA R/O VILL-DALAUJAN BAGAN OATING GRANT P.S.-JAMUGURI MOUZA- GHILADHARI DIST-GOLAGHAT ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM
-----------Advocate for : MR. K BORUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
Page No.# 4/5
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
15.11.2021
Both the petitions are taken up together as they have arisen out of the same P.S. case and the issues involved are same.
By filing this petition under Section 438 of the CrPC, the petitioners, namely(1) Smti Lakhi Panika, (2) Sri Anuj Panika, (3) Sri Mohesh Panika, (4) Smti Sabita Panika, (5) Sri Bablu Sawra, (6) Smti Durgi Bawri, (7) Smti Punam Panika and (8) Sri Munu Panika @ Manuj Panika in AB/3393/2021 and petitioners, namely- (1) Sri Lalit Raj, (2) Smti. Shanti Ray and (3) Sri Janman Panika in AB/3399/2021 have sought for pre-arrest bail in connection with Jamuguri P.S. Case No.30/2021, registered under Section 353/ 336/ 325/ 427/ 294/341/34 IPC.
Heard the learned counsel for both sides and also perused the case diary as well as the documents annexed.
The informant being the police personnel lodged an FIR alleging inter alia that on the day of occurrence on being informed by the President of VDP regarding selling of local liquor when he along with other police party went to the spot, the abovenamed petitioners and other local people obstructed them to discharge their official duty and out of rage damaged official vehicle, pelted stones on the on duty police men, whereby the informant and other police personnel sustained serious injuries on their person. For that, they had to undergo medical treatment at the civil hospital.
Page No.# 5/5
Definitely, the offence committed by the petitioners named above, are serious in nature which also attracts Section 353 IPC.
Considering all, this Court is not inclined to grant the privilege of prearrest bail at this stage. The same stands rejected.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to petitioners accused of obstructing police and committing assault under Sections 325, 353, 336 IPC.
1 provisions across 1 enactments
Lakhi Panika and 7 Ors
State of Assam Rep. By the PP, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
