Shri Ram Kishan Gattani v. The State of Assam

PageoNo.#o1/3 GAHC010224252024 ooooooo 2024:GAU-AS:12137 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2815/2024o SHRIoRAMoKISHANoGATTANIo SONoOFoLATEoNAWALo CHANDoGATTANI,oAGEDoABOUTo68o YEARS,oRESIDENToOFoWARDoNO.o4o UNDERoJORHAToMUNICIPALoBOARD,oATo ROAD,oINoTHEoDISTRICToOFoJORHAT,o ASSAM,oPINo-o785001 2:oSHRI.oANJANIoKUMARoGATTAN oSONoOFoSHRI.oRAMo KISHANoGATTANI oAGEDoABOUTo44o YEARS oRESIDENToOFoWARDoNO.4o UNDERoJORHAToMUNICIPALoBOARD oATo ROAD oINoTHEoDISTRICToOFoJORHAT o ASSAM oPINo-o785001o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoPPoASSAM AdvocateoforotheoPetitionerooooo:oMRoMoSAHEWALLA,oMR.oAoKoSAHEWALLA,MRoGoNo SAHEWALLA,MRoHoKoSARMAo AdvocateoforotheoRespondento:oPP,oASSAM,oMRoJoLOTHA,MR.oDoTHAOSEN(INFORMANT),MRo HoKoSARMA(INFORMANT),MRoBoDoDASo(INFORMANT)oo Page No.# 2/3

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

02/12/2024 Heard Mr. G N Sahewalla, learned Senior assisted by Mr. A K Sahewalla, learned counsel for the petitioners and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. B D Das, learned Senior counsel assisted by Mr. J Lotha, learned counsel for the complainant/informant.

¶2The petitioners, namely, (i) Shri Ram Kishan Gattani, son of Late Nawal Chand Gattani, resident of Ward No. 4 under Jorhat Municipal Board, At Road, District-Jorhat and (ii) Shri Anjani Kumar Gattani, son of Shri Ram Kishan Gattani, resident of Ward No. 4 under Jorhat Municipal Board, At Road, District-Jorhat have filed this application under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending their arrest in Jorhat P.S. Case No. 450/2024 registered under Section 63 of the Copy Right Act, 1957 (Amendment 2012) read with Sections 318(4), 336(3), 340(2), 61(2) of BNS, 2023.

¶3Perused the case diary placed before the Court by Mr. Goswami, learned Additional Public Prosecutor, Assam

¶4Mr. Goswami, learned Additional Public Prosecutor, Assam from the case diary submitted that on obtaining interim pre-arrest bail on 25.10.2024 in said Jorhat P.S. Case No. 450/2024, the petitioners have appeared before the concerned Investigating Officer of the case and their statements have been recorded and that they are co-operating with the investigation of the case.

¶5However, Mr. Das, learned Senior counsel appearing for the complainant vehemently objected for bail of the petitioners stating that by order of the Court business of the complainant, M/S. Bhanwarlal Rice & Flour Mills, has been stopped and it is no longer involve in such trade of rice. During such banned period, it is the petitioners misusing their brand name are selling rice to the customers shown to be issued by Nawalchand Ramkishan illegally in the name of the complainant.

¶6Considering the materials available in the case diary, the Court is of the view that custodial detention of the petitioners, named above, is not warranted to investigate the said Jorhat P.S. Case Page No.# 3/3 No. 450/2024. As such, this pre-arrest bail application of the petitioners is accepted.

¶7The petitioners, namely, (i) Shri Ram Kishan Gattani and (ii) Shri Anjani Kumar Gattani are already on interim bail in said Jorhat P.S. Case No. 450/2024 granted to them earlier by this Court on 25.10.2024 and the same is hereby made absolute, subject to the full compliance of the terms and conditions as specified in the said order dated 25.10.2024.

¶8Violation of any of the terms and conditions as specified in the said order dated 25.10.2024, noted above, the pre-arrest bail granted to the petitioners in said Jorhat P.S. Case No. 450/2024 shall stand automatically vacated.

¶9Accordingly, this pre-arrest bail application stands allowed to the extent above.

¶10Return the case diary.

JUDGE Comparing Assistant