Allowed

Smt. Pinki Chetia Das @ Pinki Saikia and Anr. v. the State of Assam

Gauhati HC15 Nov 2022Bail Appln./1946/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a bail application by making the interim bail granted earlier absolute for one accused. The court noted that the investigation was completed and the charge sheet was filed, thus allowing the order to be confirmed under the same terms and conditions.

What did the court decide?

The interim bail granted to the applicant Smt. Pinki Chetia Das @ Pinki Saikia was made absolute in the same terms and conditions as before.

Smt. Pinki Chetia Das @ Pinki Saikia and Anr. Vs the State… — Bail and Remand | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010158392022

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

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Case No. : Bail Appln./1946/2022

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SMT. PINKI CHETIA DAS @ PINKI SAIKIA AND ANR. W/O SRI NIRUPAM DAS R/O SANTIPUR WARD NO. 1, MORANHAT, .S. MORANHAT, DIST. CHARAIDEO, ASSAM

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2: SRI NIRUPAM DAS S/O LATE SADHU CHARAN DAS R/O SANTIPUR WARD NO. 1 MORANHAT P.S. MORANHAT DIST. CHARAIDEO ASSA VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. T J MAHANTA

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 15-11-2022

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Heard Mr. T.J. Mahanta, learned senior counsel for the applicants assisted by Mr. PP Dutta and Mr. RJ Baruah, learned Addl. PP, Assam.

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Page No.# 2/2

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This application under section 439 Cr.P.C., is preferred by accused applicants 1. Smti Pinki Chetia Das @ Pinki Saikia & 2. Sri Nirupam Das , who have been languishing in jail hajot since 29.07.2022 in connection with Moranhat PS Case No.47/2022 under sections 325/326/307 IPC read with section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with section 14 of Child and Adolescent Labour Prohibition and Regulation) Act, 1956.

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Mr. Mahanta, learned senior counsel submits that vide the order dated 30.08.2022, this Court was pleased to grant bail to the accused Nirupam Das and interim bail to accused Smti. Pinki Chetia Das @ Pinki Saikia and Mr. Mahanta further submits that the interim bail granted to the accused Smti Pinki Chetia Das @ Pinki Saikia may be made absolute under the same terms and conditions.

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On the other hand, Mr. RJ Baruah, learned Addl. PP submits that in the meantime the IO has completed investigation and submitted charge sheet being CS No.61/2022 dated 30.09.2022.

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Since investigation has already been completed and charge sheet has been laid, there is no scope for hampering investigation or tempering the witnesses. Now trial will start and the accused has to prepare her defence, therefore, this Court is inclined to make the interim order dated 30.08.2022 absolute in the same terms and conditions in respect of accused Smti. Pinki Chetia Das @ Pinki Saikia.

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In terms of the above, this bail application stands disposed of.

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JUDGE

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Comparing Assistant

Smt. Pinki Chetia Das @ Pinki Saikia and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Smt. Pinki Chetia Das @ Pinki Saikia and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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