Grapshing Sangma v. The State of Assam

ORDER 13-11-2024 Heard Mr. R. Das, learned counsel for the petitioner and Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam for the State.

¶2By this application under Section 482 BNSS, 2023, the petitioner, namely, Page No.# 2/3 Grapshing Sangma, son of late Charchil Marak, resident of Village-Ramsarobar, District-Kokrajhar apprehending his arrest is seeking pre-arrest bail in Ratabari P.S. Case No. 157/2024, corresponding to G.R. No. 1462/2024 registered under Sections 406/420/379 IPC.

¶3Mr. Parasar, learned APP, Assam has placed the relevant case diary.

¶4From the case diary it is seen that the petitioner after obtaining interim bail in said Ratabari P.S. Case No. 157/2024, appeared before the concerned Investigating Officer of the case and his statement has already been recorded.

¶5Matter relates to 24,000 KG of natural rubber sheet amounting to Rs.45,10,800/- that was transported by the complainant from Badrul Hoque Enterprise, Silchar to Murli Enterprise, Delhi by a hired truck bearing Registration No.WB-53-C-0834 through Guru Nanak Road Line Transport Company, did not reach its destination within the time. Though the complainant tried to reach out to the driver and helper and the owner of the said vehicle, they did not respond. Accordingly the FIR was lodged on 18.07.2024 before the Officer-in-Charge of Ratabari Police Station, which was accordingly, registered as Ratabari P.S. Case No. 157/2024.

¶6After registration of the said case, police after investigating the matter, could found that the said truck was diverted by the owner and the driver of the truck and the natural rubber sent on in were unloaded in a rubber camp of the petitioner. It is to be noted herein that the petitioner is also in the business of selling natural rubber.

¶7Case diary reveals that the driver and the owner of the truck failed to place any valid document including the challan of carrying such natural rubber. The proposal given by another accused of the case was not accepted by the Page No.# 3/3 petitioner and rejected such natural rubber because of its inferior quality.

¶8From the case diary it is seen that the petitioner received proposal from one of the co-accused of the case for buying of such natural rubber carried by the truck. However, the petitioner decided not the purchase such rubber because of its inferior quality as well as those were without any valid challans.

¶9Considering such materials in the case diary, this Court is of the view that custodial detention of the petitioner, named above, is not warranted for investigation of said Ratabari P.S. Case No. 157/2024.

¶10Accordingly, the interim pre-arrest bail granted to the petitioner, namely, Grapshing Sangma on 24.09.2024 in said Ratabari P.S. Case No. 157/2024 corresponding to G.R. No. 1462/2024 registered under Sections 406/420/379 IPC, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the order dated 16.08.2024.

¶11This pre-arrest bail application accordingly stands disposed of.

¶12Return the case diary herewith.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010198232024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2552/2024 GRAPSHING SANGMA S/O LATE CHARCHIL MARAK R/O VILL- RAMSAROBAR, KOKRAJHAR P.S. KAZIGAON, P.O. DEBITOLA DIST. KOKRAJHAR, ASSAM-783339 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : R DAS, MR. S K NATH Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK