Surya Baroowah v. The State of Assam

ORDER Date : 23.09.2024

Heard Mr. R. De, learned counsel appearing for the applicant as well as Mr. R. J. Baruah, learned Additional Public Prosecutor for the state of Assam.

¶2This interlocutory application has been filed by the applicant praying for modification of the order dated 10.09.2019 passed by this Court in Bail Appln. No. 2415/2019.

¶3On 10.09.2019, the applicant's/petitioner's bail application was allowed with a direction that he shall not leave the territorial jurisdiction of the court of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati without prior written permission.

¶4Now, the applicant/petitioner has been transferred to Bhubaneswar. The transfer order is annexed as Annexure-1 in the record. He approached the court of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati praying for modification of the order, but the learned court below did not allow the said prayer.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6The applicant/petitioner is the Assistant Manager of Union Bank of India. He has been transferred to Bhubaneswar.

¶7This Court is of the opinion that the petitioner deserves to be allowed to go on bail and join his new assignment in Bhubaneswar.

¶8Therefore, the interlocutory application is allowed. The order of the court dated

10.09.2019 is modified to that effect.

¶9The applicant/petitioner Surya Baroowah is allowed to leave the jurisdiction of the Page No.# 3/3 court of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati to join his new place of posting.

¶10Therefore, the interlocutory application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010194062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/880/2024 SURYA BAROOWAH S/O. LT. RAMA KANTA BAROOWAH, P/R/O VILL. BETANIJHAR, GOROIMARI, AIR FORCE ROAD, NEAR SANKAR MEDICAL, P.O. HALESWAR, P.S. TEZPUR, DIST. SONITPUR, PIN-784104, ASSAM. P/R/A C/O SMT. KALAPANA MISHRA, HOUSE NO. 03, MATHURA NAGAR, BEHIND DOWN TOWN HOSPITAL, GUWAHATI-781006, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R DE, MR P NEOG Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2415/2019 SURYA BAROOWAH S/O. RAMA KANTA BAROOWAH VILL. BETANIJHAR P.O. HALESWAR P.S. TEZPUR DIST. SONITPUR ASSAM. VERSUS THE STATE OF ASSAM Page No.# 2/3 REP. BY PP ASSAM. ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA