The Gauhati High Court converted interim anticipatory bail granted on 10.03.2023 into an absolute order. After reviewing the Case Diary, the court found no complaints against the owner of blankets and no justifiable grounds to modify the interim order.
The interim order dated 10.03.2023 granting pre-arrest bail is made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010049682023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/821/2023
RATAN SARKAR AND 3 ORS
S/O ANIL SARKAR R/O VILL. NO. 2 BHETAGAON P.O. BIJNI DIST CHIRANG ASSAM
S/O LT. DWIJENDRA SARKAR R/O VILL. BANGALIJHORA P.O. BANGALIJHORA DIST. CHIRANG ASSAM
R/O VILL. NO. 2 BHETAGAON P.O. BIJNI DIST. CHIRANG ASSAM
4: LAKHAN SAHA
S/O KRISHNAPADA SAHA R/O VILL. NO. 2 BHETAGAON P.O. BIJNI DIST. CHIRANG ASSA
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. D CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
05.04.2023
Heard Mr. D. Choudhury, learned counsel for the applicants. Also heard Mr. P.
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Borthakur, learned Additional P.P., Assam appearing for the State.
This application has been filed under Section 438 Cr.P.C. seeking pre-arrest bail apprehending arrest in connection with Abhayapuri P.S. Case No.104/2023 registered under Section 379 of the IPC.
By order dated 10.03.2023, this Court had granted interim pre-arrest bail to the applicants.
Mr. Borthakur has produced the Case Diary. I have perused the same.
It appears that one Jhumsi Enterprise, which is projected as the owner of the blankets, does not have any grievance and there is no other complaint stating that the blankets have been stolen.
After perusal of the Case Diary, I do not find any justifiable ground to modify the order dated 10.03.2023. As such, the interim order dated 10.03.2023 is hereby made absolute.
The Anticipatory Bail Application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether there are justifiable grounds to modify the interim pre-arrest bail order or to cancel the anticipatory bail.
2 provisions across 2 enactments
Ratan Sarkar and 3 Ors
State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
