The High Court granted bail to two accused persons in connection with a case involving criminal misappropriation and cheating, releasing them on ₹30,000 bail with one surety of similar amount after finding further detention un必要时.
Release of accused on bail of ₹30,000 each with one surety of like amount.
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GAHC010094882021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1319/2021
DAMODAR DEORI @ AMARSING DEORI AND ANR S/O LATE MADHU SINGH DEORI, R/O VILLAGE SATRANG NEPALI GAON, PO MILANPUR, PS GOHPUR, DIST. BISWANATH, ASSAM, PIN-789168
2: JUSNA DEORI @ JYOTSANA DEORI W/O DAMOADAR DEORI @ AMARSING DEORI R/O VILLAGE SATRANG NEPALI GAON PO MILANPUR PS GOHPUR DIST. BISWANATH ASSAM PIN-78916
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. P D NAIR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
10.08.2021
Hearing held through virtual mode.
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Heard Mr. P.D. Nair, learned counsel for the accused petitioners as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioners, namely i) Damodar Deori @Amarsing Deori ii) Jusna Deori @Jyotsana Deori have prayed for grant of bail in connection with Behali P.S. Case No. 22/2021 under Sections 363/370(5)/371/34 of the IPC ( corresponding to G.R. Case No. 178/2021 ).
The case diary, as called for, is placed before the Court.
Mr. P.D. Nair, learned counsel for the accused petitioners, submits that the accused petitioners have been in judicial custody since 10.05.2021, i.e., for 93 days despite being innocent.
Having heard the learned counsel of both sides and considering the length of detention, this Court finds that further continuation of detention of the accused petitioners in the interest of investigation may not be warranted.
Accordingly, it is provided that each of the accused petitioners, named above, shall be released on bail of Rs. 30,000/- (Rupees Thirty Thousand) each with one surety of like amount to the satisfaction of the learned S.D.J.M. (M), Biswanath Chariali subject to the following conditions-
i) That the accused/petitioners shall cooperate with the Investigating Officer as and when required; and
ii) That the accused/petitioners 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 the Court.
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Return the case diary.
This disposes of the bail application.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether bail should be granted considering the length of detention despite alleged innocence.
Whether the need for further detention in the interest of investigation is warranted.
What conditions should be imposed on the accused if bail is granted.
2 provisions across 2 enactments
Damodar Deori @ Amarsing Deori And Anr
Jusna Deori @ Jyotsana Deori
The State Of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
