Sunny Mishra v. The State of Assam

ORDER 13-06-2023

Heard Mr. M.K. Borah, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor, Assam. This Bail Application has been filed by the petitioner, namely, Sunny Page No.# 2/4 Mishra, who was arrested on 05.02.2023 in connection with Azara Police Station Case No.163/2022 registered under Sections 457/ 380 of the IPC. Learned counsel for the petitioner submits that an FIR dated 28.10.2012 was lodged by the informant one Rupam Kalita making allegations that when the informant and his family members were not in his house, some people entered into his house and took away some valuable ornaments and other articles, as mentioned in the FIR, from his house. Pursuant to the incident the FIR dated

28.10.2012 was lodged which was received and registered as Azara Police Station Case No.163/2022 registered under Sections 457/ 380 of the IPC, investigation was carried on and thereafter, the petitioner was arrested on

05.02.2023. The petitioner has been in custody since then. Mr. M.K. Borah, learned counsel for the petitioner submits before this Court that the petitioner has already completed the statutory period of 90 days and accordingly, the petitioner is entitled to be enlarged on bail. Ms. S.H. Borah, learned Additional Public Prosecutor, Assam that submits that though the mandatory period of 90 days is over, the charge-sheet in this case has not been filed as on date and the petitioner is still in custody. From the case records, it is seen that the petitioner was arrested on 05.02.2023 and as on date he has completed more than the statutory period of 90 days as prescribed under the statute. Further, it has been submitted by Ms. S.H. Borah, Page No.# 3/4 learned Additional Public Prosecutor, Assam, that no charge-sheet has been filed as on date nor has any application been filed seeking extension of the period of detention as on date. As has been held in Rakesh Paul Vs. State of Assam, reported in (2017) 15 SCC 67 and M. Ravindran Vs. Intelligence Officer, Directorate of Revenue Intelligence, reported in (2021) 2 SCC 485, when the accused applies for bail under Section 167(2) Cr.P.C. upon expiry of the statutory period, the Court must release him on bail forthwith. The rights of the accused-petitioner under Section 167 can also be enforced orally as has been held by the Apex Court in Rakesh Paul (Supra). Accordingly, considering the length of detention and considering the prayer made by the learned counsel for the accused-petitioner invoking his right under Section 167(2) of the Cr.P.C., as the petitioner has been in detention for more than statutory period prescribed and no charge-sheet having been filed as on date, this Court directs the petitioner be released on default bail. Accordingly, the petitioner, named above, shall be released on bail in connection with the above noted case, upon furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with 1 (one) local surety of like amount to the satisfaction of the Chief Judicial Magistrate (CJM), Kamrup (M), subject, of course, to the following conditions: Page No.# 4/4

(i) That the petitioner shall appear before the Investigating Officer of the case as and when required till completion of the investigation;

(ii) That the petitioner shall not hamper or tamper with the investigation in any manner;

(iii) That the petitioner 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 the Court or to any police office; and

(iv) That the petitioner shall not leave the jurisdiction of the competent Court without obtaining prior written permission from the Investigating Officer of the case. In the event, the petitioner is found to have violated any of the above conditions or is found to be involved in other offences, the competent Court shall be at liberty to apply for recall/cancellation of the bail granted to the petitioner. The Bail Application is accordingly allowed and disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010124722023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1998/2023 SUNNY MISHRA S/O LATE RAJNIT MISHRA @ RANJIT THAKUR, R/O DOWNTOWN, NEAR HARI MANDIR, P.O. AND P.S. DISPUR, DIST. KAMRUP (METRO), ASSAM PIN-781006 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : M K BORAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA