Manish Jain and Anr v. The State of Assam

ORDER

23.02.2024 Heard Mr. K. Jain, learned counsel for the applicants and also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam, appearing for the State respondent. This application under Section 438 Cr.P.C. is preferred by three applicants, namely, Manish Jain, Durga Agarwal @ Jain and Binita Jain, who have been apprehending arrest in connection with Gauripur P.S. Case No.467/2023, under Section 380 IPC, for grant of pre-arrest bail. The above noted case has been registered on the basis of an FIR lodged by one Daulat Ram Chirania on 29.11.2023. The essence of allegation made in the aforesaid FIR is that his elder sister Durga Jain and her son Manish Jain came to his house on

19.11.2023 for 5 days, but they left for Guwahati on 21.11.2023 without informing any person of his family and then he checked his locker and found ` 2,50,000/- is missing. Mr. Jain, learned counsel for the applicants submits that this Court, vide order dated 22.12.2023, was pleased to extend interim protection to the applicants and pursuant to the said order, they have appeared before the I.O. and cooperating with the investigating agency and therefore, a contention is being made to make the interim order dated 22.12.2023, absolute, in the same terms and conditions. On the other hand, Ms. A. Begum, learned Additional P.P. submits that she has not received the case diary, but as per her instruction, the I.O. has already completed investigation and return the case in Final Report, being F.R. No.8/2024, dated 30.01.2024. Since Final Report has already been submitted by the I.O. after completion of investigation, there is no apprehension of arrest and as such, this petition becomes Page No.# 3/3 infructuous and accordingly, the same stands closed and the interim order dated

22.12.2023 stands recalled. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/3 GAHC010292512023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/4350/2023o MANISHoJAINoANDoANR.o S/OoLT.oNIRMALoKUMARoJAINo R/Oo2NDoFLOORoHCoDASoTOWERoLALGANESHoLOKHRAoROADoOPP.o INDIANoOILoPETROLoPUMPo P.S.oDISPURoP.O.oODALBAKRAoGUWAHATIo781034o DIST.oKAMRUPoMETROoASSAM 2:oDURGAoAGARWALo@oJAIN oW/OoLT.oNIRMALoKUMARoJAINo R/Oo2NDoFLOORoHCoDASoTOWERoLALGANESHoLOKHRAoROADoOPP.o INDIANoOILoPETROLoPUMPo P.S.oDISPURoP.O.oODALBAKRAoGUWAHATIo781034o DIST.oKAMRUPoMETROoASSAM 3:oBINITAoJAIN oD/OoLT.oNIRMALoKUMARoJAINo R/Oo2NDoFLOORoHCoDASoTOWERoLALGANESHoLOKHRAoROADoOPP.o INDIANoOILoPETROLoPUMPo P.S.oDISPURoP.O.oODALBAKRAoGUWAHATIo781034o DIST.oKAMRUPoMETROoASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoKoJAINo AdvocateoforotheoRespondento:oPP,oASSAMoo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN