Satyanath Konwar and Anr v. The State of Assam

ORDER Date : 20.02.2023

Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. Page No.# 2/3 Bhaskar Sarma, learned APP appearing for the State. Apprehending arrest in connection with Dhemaji P.S. Case No. 06/2023 under sections 120(B)/302 IPC, the petitioners, namely, (1) Satyanath Konwar and (2) George Pal Konwar have filed this application under section 438 Cr.P.C. The learned APP has produced the case diary and has opposed the prayer for pre-arrest bail. On perusal of the case diary, it appears that one of the co-accused, namely, Alok Konwar, who is the Sub-Inspector of Police, in course of a boundary dispute, shot down a person with his service revolver. On perusal of the case diary, the Court does not find any incriminating materials against the petitioners of committing the offence of murder. Therefore, as the petitioner no.1 is already on interim bail by order dated

13.02.2023, the Court is of the considered opinion that his custodial interrogation is not necessary. Accordingly, the interim pre-arrest bail granted to the petitioner no.1, namely, Satyanath Konwar vide order dated 13.02.2023 is made absolute. Insofar as the petitioner no.2 is concerned, the Court is inclined to grant pre-arrest bail to the petitioner no. 2 by providing that in the event of arrest of the petitioner no.2, namely, George Pal Konwar in connection with the aforesaid case, he shall be released on pre-arrest bail on furnishing bail bond of Rs.50,000/- with one suitable surety of like amount to the satisfaction of the arresting officer. The pre-arrest bail is granted on the following conditions:

¶1Both the petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required. Page No.# 3/3

¶2Both the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

¶3Both the petitioners shall not obstruct the smooth progress of the investigation/trial.

¶4Both the petitioners shall not misuse their liberty in any manner.

¶5Both the petitioners shall appear before the I/O within 10 (ten) days from today and they shall continue to appear once in a month till their appearance is dispensed with or charge-sheet is filed, whichever is earlier. Application stands disposed of. Case diary returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010025152023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/395/2023 SATYANATH KONWAR AND ANR. S/O- LATE TILESWAR KONWAR, R/O- VILL.- BHEHPARA, WARD NO. 10, P.S. AND DIST. DHEMAJI, ASSAM 2: GEORGE PAL KONWAR S/O- SRI SATYA NATH KONWAR R/O- VILL.- BHEHPARA WARD NO. 10 P.S. AND DIST. DHEMAJI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. B K MAHAJAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA