Allowed

Smti. Promila Tudu v. the State of Assam

Gauhati HC16 Nov 2022AB/1825/2022

Case brief

AI extract

What is this about?

In this pre-arrest bail application regarding theft and forgery charges and an Essential Commodities Act violation, the Gauhati High Court, after hearing both sides and perusing the case diary, held that custodial interrogation was not warranted and granted the interim order absolute.

What did the court decide?

The interim order dated 30.06.2022 was made absolute; case diary returned.

Smti. Promila Tudu Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010131012022

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

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Case No. : AB/1825/2022

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SMTI. PROMILA TUDU

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W/O LATE BENJAMIN MURMU, R/O VILL-JAKOBPUR, P.S.-GOSSAIGAON, DIST-KOKRJHAR, ASSAM, PIN-783333

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. T DEURI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

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16.11.2022

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Heard Ms. T. Wapangla, learned counsel for the applicant and also heard

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Mr. B. B. Gogoi, learned Addl. P.P. for the State of Assam.

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2. Apprehending arrest in connection with Gossaigaon P.S. Case No. 204/2022, under sections 379/411/420/34 IPC read with section 7 of

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Page No.# 2/3

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the Essential Commodities Act, 1955, this application, under Section 438 of Cr.P.C., is preferred by applicant, namely- Smti. Promila Tudu for grant of prearrest bail.

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3. The said case has been registered on the basis of one FIR lodged by one Ismail Murmu on 01.06.2022, to the effect that on 31.05.2022, at around 8 pm at night, the applicant was trying to take 30 bags of government allotted rice in a vehicle, bearing registration No. WB-63-A-3310, towards West Bengal and the villagers then caught the driver of the vehicle with the said rice bags.

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4. Ms. T. Wapangla, learned counsel for the applicant submits that this court was pleased to grant interim protection to the applicant vide order dated 30.06.2022, and pursuant to the said order the applicant appeared before the I.O. and her statement is also recorded by the I.O. Ms. Wapangla, further submits that the applicant has been co-operating with the investigating agency and that she is innocent and no way involved with the offences alleged in the FIR and in fact the said rice bags were being shifted to the house of her sister located at distance of 5 km from her house, on account of non availability of sufficient space in her house, as at the relevant time her daughter’s marriage was being solemnized. Ms. Wapangla, therefore, contended to make the interim order absolute in the same terms and conditions.

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5. On the other hand, Mr. B. B. Gogoi, the learned Addl. P.P., has opposed the petition. Producing the case diary before this court, Mr. Gogoi submits that the Investigating Officer has collected sufficient materials against the applicant and therefore, it is contended to dismiss the petition.

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Page No.# 3/3

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6. Having heard the submissions of learned counsels of both sides, I have carefully perused the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Gogoi, the learned Addl. P.P.

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7. In view of the material collected so far in the case diary, and also in view of the stage of investigation and further considering the nature of accusation and the punishment prescribed for the same, as well as the submission of learned Advocates of both sides, this court is of the view that custodial interrogation of the applicant is not warranted in the interest of investigation. Accordingly, this court is inclined to make the interim order dated 30.06.2022 absolute in the same terms and condition.

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8. In terms of above this A.B. stands disposed of. Return the case diary.

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JUDGE

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Comparing Assistant

Smti. Promila Tudu v. the State of Assam

Case brief

What is this about?

What did the court decide?

Smti. Promila Tudu v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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