Saurav Das and Anr v. The State of Assam

ORDER Date : 27-02-2024 Heard Mr. N. Kalita, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

¶2This is an application for rectification/modification or correction of the order dated 23.01.2024 passed by this Court in AB/4265/2023. Though by the order dated 23.01.2024 this Court made the interim pre-arrest granted by the order dated 22.12.2023 in AB/4265/2023 absolute with regard to the petitioners, it appears that it was only the petitioner No. 1 i.e. Abani Kanta Das who was on interim pre-arrest bail and to that extent, necessary correction is required to be made in paragraph 7 of the said order.

¶3As such, the order dated 23.01.2024 passed by this Court in AB/4265/2023 is modified to the extent that after paragraph 7 in the said order, the following paragraph hereunder shall be inserted:

"It is further provided that in the event of arrest of the other two petitioners i.e. i) Sri Sourav Das and ii) Sri Pranab Das shall be released on pre-arrest bail in connection with the above noted case on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions:

i) That the petitioners shall appear before the Investigating Officer within 10 (Ten) days, failing which on and from the 11th day, the interim pre-arrest bail shall have no force.

ii) That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts Page No.# 3/3 of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.

iii) That the petitioners shall refrain from committing any similar offences in future of which they are accused or suspecting of commission."

¶7In view of the above, the aforesaid modification shall be made a part of the order dated 23.01.2024 in AB/4265/2023.

¶8With the aforesaid modification in the order dated 23.01.2024 in AB/4265/2023, this interlocutory application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010039022024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/184/2024o SAURAVoDASoANDoANR.o S/OoABANIoKANTAoDASo R/OoBATAHGHULI,oPANJABARI,oAMRITPUR,oHOUSEoNO.o02,oNEARoGANESH MANDIR,o P.S.oSATGAON,oGUWAHATI-781037o DIST.oKAMRUPo(M),oASSAM 2:oPRANABoDAS oS/OoABANIoKANTAoDASo R/OoBATAHGHULI oPANJABARI oAMRITPUR oHOUSEoNO.o02 oNEARoGANESHoMANDIR o P.S.oSATGAON oGUWAHATI-781037o DIST.oKAMRUPo(M) oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oNoKoKALITAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI