Partly allowed

Girija Choudhury and 2 Ors. v. the State of Asasm

Gauhati HC12 Jun 2023AB/1214/2023

Case brief

AI extract

What is this about?

In this pre-arrest bail application under Section 438 CrPC, the Gauhati High Court recalled the interim bail granted to Girija Choudhury as her name was struck off the charge sheet, while extending interim bail to two other petitioners until they seek regular bail.

What did the court decide?

Bail recalled for Petitioner 1; Interim bail continued for Petitioners 2 and 3 until 26-06-2023.

Girija Choudhury and 2 Ors. Vs the State of Asasm — Anticipatory Bail | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010072202023

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

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Case No. : AB/1214/2023

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GIRIJA CHOUDHURY AND 2 ORS.

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W/O- LATE HEMANGA CHOUDHURY, R/O- HOUSE NO. 77, VILL. AND P.O.SARUPETA, P.S. PATACHARKUCHI, DIST. BARPETA, PIN- 781318.

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2: HIMASHRI CHOUDHURY W/O- BIMAN DEKA R/O- BONKOWARNAGAR HOUSE NO. 32 KHARGHULI DIST. KAMRUP(M) ASSAM PIN- 781004.

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3: KUNALJIT CHOUDHURY S/O- LATE HEMANGA CHOUDHURY R/O- HOUSE NO. 77 VILL. AND P.O. SARUPETA P.S. PATACHARKUCHI DIST. BARPETA ASSAM PIN- 781318

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VERSUS

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THE STATE OF ASASM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR R SINGHA

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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12-06-2023

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Heard Mr. R. Singha, learned counsel for the petitioners and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State.

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By this application under Section 438 CrPC, the petitioners, namely, 1) Srimati Girija Choudhury, 2) Srimati Himashri Choudhury and 3) Sri Kunaljit Choudhury apprehending their arrest are seeking pre-arrest bail in Patacharkuchi P.S. Case No. 139/2023 registered under Sections 447/380/427/34 IPC corresponding to G.R. No. 139/2023.

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The petitioners are already on interim bail in said Patacharkuchi P.S. Case No. 139/2023, pursuant to the order passed earlier on 03.04.2023 in this proceeding.

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During the deliberation of the matter, Mr. M. P. Goswami, learned Additional PP, Assam submitted that police after completion of the investigation of said Patacharkuchi P.S. Case No. 139/2023 has already submitted the charge sheet on 30.04.2023 vide Charge Sheet No.150/2023.

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Mr. R. Singha, learned counsel for the petitioners submitted that he is aware about the filing of the charge-sheet in the case under Section 447/427/34 IPC striking down section 380 IPC from the said charge-sheet. Further, the name of the petitioner No.1, Srimati Girija Choudhury has also been struck-off from the charge-sheet filed in said Patacharkuchi P.S. Case No. 139/2023.

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In view of the above, the interim bail granted earlier to the petitioner No.1 namely, Srimati Girija Choudhury , on 03.04.2023 in said Patacharkuchi P.S. Case No. 139/2023 being infructuous is hereby recalled.

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The petitioners, namely, 2) Srimati Himashri Choudhury and 3) Sri Kunaljit Choudhury shall approach the appropriate Court for their regular bail in said Patacharkuchi P.S. Case No. 139/2023 corresponding to G.R. No. 139/2023 on or before 26.06.2023 .

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Till then (i.e., 26.06.2023 ) the petitioners, namely, 2) Srimati Himashri

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Page No.# 3/3

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Choudhury and 3) Sri Kunaljit Choudhury shall remain on interim bail granted to them earlier on 03.04.2023 in said Patacharkuchi P.S. Case No. 139/2023 .

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With the above observation and direction, this pre-arrest bail application stands disposed of.

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JUDGE

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Comparing Assistant

Girija Choudhury and 2 Ors. v. the State of Asasm

Case brief

What is this about?

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Girija Choudhury and 2 Ors. v. the State of Asasm

Case brief

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