- Court
- High Court of Gauhati
- Decided
- 27 March 2024
- Bench
- Kaushik Goswami
- Case no.
- AB 633/2024
Judgment
Page No.# 1/2 GAHC010050102024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/633/2024 SHAHRUF KHAN S/O AYNAL KAHN, R/O VILL-BHOGDIA, P.O.-BHOGDIA, P.S.-SARTHEBARI, DIST-BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T K BHUYAN Advocate for the Respondent : PP, ASSAM
B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
28.03.2024
Heard Mr. A. Ali, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent.
¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973 for granting pre-arrest bail to the accused petitioner, namely, i.e. Shahruf Page No.# 2/2 Khan, who is appending arrest, in connection with Azara P.S. Case No. 42 of 2024, registered under Section 407/420 of the IPC.
¶3The case of the prosecution is that the accused/petitioner has misappropriated 300 packages which were being transported by him as a driver of the truck to deliver the same to the requisite location.
¶4Mr. Ali, learned counsel for the petitioner submits that the petitioner is totally innocent and has no role to play in the offence alleged.
¶5Mr. B. Sarma, learned Addl. P.P. on the other hand strongly opposes the prayer for anticipatory bail. He submits that out of the 300 boxes alleged to have been taken away by the petitioner while driving the truck in which the said boxes were being transported, only 50 boxes have been recovered. He further submits that since the petitioner is absconding, further investigation is not being able to progress.
¶6Considering that the presence of the petitioner is utmost important for unearthing the truth, the application for anticipatory bail application at this stage cannot be granted. Accordingly, this anticipatory bail application stands rejected.
¶7This disposes of the anticipatory bail application. Send back the case diary. JUDGE Comparing Assistant
Source: High Court of Gauhati, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.