Allowed

Jagadish Sah v. the State of Assam

Gauhati HC13 Dec 2022AB/2821/2022

Case brief

AI extract

What is this about?

This single bench order admits the interim order dated 23.09.2022 granting pre-arrest bail to the applicant as an absolute order. The court accepted the submissions that the applicant cooperated with the investigation and the material part of the investigation was nearly complete.

What did the court decide?

The interim order dated 23.09.2022 made by this court is made absolute in the same terms and conditions. The case diary is returned.

Jagadish Sah Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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GAHC010195572022

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

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Case No. : AB/2821/2022

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JAGADISH SAH S/O LATE MUSAFIR LAL SAH R/O FANCY ALI P.O., P.S. AND DIST. JORHAT, 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 P KATAKI

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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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13.12.2022

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Heard Ms. M. Devi, learned counsel for the applicant and Mr. B.B. Gogoi, learned Addl. P.P. for the State respondent.

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Apprehending arrest in connection with Gaurisagar PS Case No. 90/2022,

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under sections 120[B]/379/411/353 of the IPC read with section 7 of the EC Act, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Sri Jagadish Sah for grant of pre-arrest bail.

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The said case was registered on the basis of an FIR lodged by one Nityananda Saikia on 01.08.2022 to the effect that on that day they have apprehended one vehicle bearing registration No. UP-32-QN-7217 [TATA 1109] at Gaurisagar Bazar Tiniali and on search they have found 48 numbers of drums containing suspected crude oil and apprehended 2 persons, namely, Sri Amarjit and Horesh Pal and they have produced 2 nos. challan of Shyam Enterprise.

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Ms. Devi submits that pursuant to the order of this court dated 23.09.2022, the applicant appeared before the IO and his statement is recorded and that he has been co-operating with the Investigating Agency and that the main culprit of this case has already been enlarged on bail by this court, and therefore, it is contended to make the interim order, dated 23.09.2022, absolute in the same terms and conditions.

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On the other Mr. Gogoi, producing the case diary before this court, submits that the applicant appeared before the IO and his statement is recorded and that material part of investigation is almost over and there remains to collect expert opinion regarding the seized crude oil.

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Having regard to above and also having heard the submission of learned counsel for both the parties and also considering the fact that material part of

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investigation is almost over and since the application has been cooperating with the investigation agency, his custodial interrogation seems to be unwarranted here in this case, and therefore, this court is inclined to make the interim order dated 23.09.2022, absolute in the same terms and condition.

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In terms of above this AB stands disposed of.

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The case diary be returned.

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JUDGE

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Comparing Assistant

Jagadish Sah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jagadish Sah v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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