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Simanta Choudhury and Anr v. The State of Assam

Disposed Of
Court
High Court of Gauhati
Decided
21 March 2024
Bench
Parthivjyoti Saikiaauthor
Case no.
AB 3946/2023

Judgment

ORDER

22.03.2024 Heard Mr. A Lal, learned counsel for the petitioners as well as Mr. R J Baruah, learned Additional Public Prosecutor, Assam. By this application filed under Section 438 CrPC, the petitioners, namely, Page No.# 2/2

(1) Sri Simanta Choudhury and (2) Sri Habil Ahmed, have prayed for pre-arrest bail in connection with Basistha P.S. Case No. 645/2023 registered under Sections 120(B)/420/468/471/323/506 IPC. It has been submitted at the bar that in pursuant to the interim order dated 22.11.2023 granted in favour of the petitioners, they have appeared before the Investigating Officer and got their statements recorded. Since the petitioners have appeared before the Investigating Officer and their statements have been recorded, this Court is of the opinion that the petitioners do not deserve to be detained in custody. On the other hand, Mr. Baruah has submitted that the Investigating Officer has wanted to interrogate the petitioners again but they have not appeared. Considering the circumstances of the case, the prayer for pre-arrest bail of the petitioners is allowed. The interim order dated 22.11.2023 passed in favour of the petitioners is made absolute. However, the petitioners are directed to appear again before the Investigating Officer within next 10 (ten) days. It is made clear that the petitioners shall cooperate with the investigation as and when so required. The bail application is disposed of.

JUDGE Comparing Assistant

Case details

Parties and counsel

Page No.# 1/2 GAHC010263042023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3946/2023 SIMANTA CHOUDHURY AND ANR S/O SRI KAMINI CHOUDHURY R/O CHANDRA CHOUDHURY PATH, P.S. BHETAPARA, GUWAHATI, DIST. KAMRUP (METRO), ASSAM 2: SRI HABIL AHMED S/O LATE SUKUR ALI R/O REGENT PARADISE BLOCK 8TH FLOOR P.S. HATIGAON DIST. KAMRUP (METRO) ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A LAL Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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.