The Gauhati High Court disposed of an anticipatory bail application filed by the petitioner. Relying on the case diary and investigation progress, the Court deemed custodial interrogation unnecessary and made the interim order absolute.
The interim order dated 17.08.2022 is made absolute; case diary is returned.
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GAHC010161022022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2289/2022
NARESWAR MALAKAR S/O LATE GANESH MALAKAR R/O KISMAT BONGSHAR P.S. SUALKUCHI, DIST. KAMRUP (R), ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR. S M MOLLAH
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MR. JUSTICE ROBIN PHUKAN
O R D E R
15.11.2022.
Heard Mr. SM Mollah, learned counsel for the petitioner and also heard Mr. BB Gogoi, learned Additional Public Prosecutor, Assam for the respondent State
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of Assam.
This petition under Section 438 CrPC is filed by petitioner Nareswar Malakar, praying for granting of the privilege of pre-arrest bail, apprehending arrest in connection with Sualkuchi P.S. Case No.109/2022, registered under Sections 379 of the IPC, read with Section 7 of Essential Commodities Act, 1960.
The said case has been registered on the basis of an FIR, lodged by one Robin Malakar on 03.08.2022, to the effect that on that day at about 10/10:30 A.M., one Nareswar Malakar, who is the owner of a fair price shop, has illegally sold subsidized rice, which is allotted for the general public to one person namely, Nilchan Ali, weighing 14 quintals (28 bags of 50 Kg. each), in a mini truck bearing registration No.AS-01C-9524, has been caught red handed, in front of his house.
Mr. SM Mollah, learned counsel for the petitioner submits that pursuant to the order of this Court passed on 17.08.2022, the applicant has appeared before the I.O. and his statement has been recorded and he has also been cooperating with the investigating agency and therefore, it is contended to make the interim order dated 17.08.2022 absolute, in the same terms and conditions.
On the other hand, Mr. BB Gogoi, learned Additional Public Prosecutor, Assam, by producing the case diary before the Court submits that the I.O. has achieves substantial progress in the investigation and also confirmed that the applicant had appeared before the I.O. and his statement is recorded and he has been cooperating with the investigating agency.
Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and
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also perused the Case Diary produced before this Court with the assistance of BB Gogoi, learned Additional Public Prosecutor.
In view of the materials collected so far in the Case Diary and also considering the nature of accusation and the punishment prescribed for the same as well as progress of investigation and also the submission of learned Advocates of both sides, custodial interrogation of the accused/applicants seems to be unnecessary in the interest of investigation and therefore, this Court is inclined to make the interim order, dated 17.08.2022, absolute in the same terms and conditions.
In terms of above, this anticipatory bail application stands disposed of. The case diary be returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioner in a case involving illegal sale of subsidized rice.
2 provisions across 2 enactments
Nareswar Malakar
State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
