Mongal Mandal vs The State Of Assam And Anr
2021 Latest Caselaw 2596 Gua

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GAHC010074302021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Rev.P./241/2021

            MONGAL MANDAL
            S/O LATE BUDHI MANDAL, R/O SUNALIPUR, P.S. SILAPATHAR, DIST.
            DHEMAJI, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP, ASSAM.

            2:DEBJYOTI DEHINGIA
             INSPECTOR OF EXCISE
             DHEMAJI (S)
             DIST. DHEMAJI
            ASSAM
             PIN 78334

Advocate for the Petitioner   : MR. K BORUAH

Advocate for the Respondent : PP, ASSAM

             Linked Case : I.A.(Crl.)/446/2021

            MONGAL MANDAL
            S/O LATE BUDHI MANDAL
            R/O SUNALIPUR
            P.S. SILAPATHAR
            DIST. DHEMAJI
            ASSAM.

             VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP
            ASSAM.
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              2:DEBJYOTI DEHINGIA
              INSPECTOR OF EXCISE
               DHEMAJI (S)
               DIST. DHEMAJI
               ASSAM
               PIN 783348
               ------------
               Advocate for : MR. K BORUAH
              Advocate for : PP
               ASSAM appearing for THE STATE OF ASSAM

                                     BEFORE
                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                            ORDER

28.10.2021.

Heard learned counsel for the petitioner as well as the learned Addl. P.P., Assam, appearing for the State.

By filing this petition, the petitioner has sought for bail, who is in custody in connection with the C.R. Case No.171/2018 since 21.10.2021, as he was taken into custody at the time of delivery of judgment and he was arrested on the strength of the non-bailable warrant of arrest.

The accused herein is convicted under Section 53(1)(a) of the Assam Excise Act and sentenced him to undergo S.I. for six months and to pay a fine of Rs.5000/-, in default to undergo further R.I. for seven days.

Considering the nature of accusation and the fact that the accused person is a local resident of Dhemaji District, is hereby allowed to go on bail of Rs.10,000/- with one surety of like amount, to the satisfaction of the learned trial Court.

The I.A. stands disposed of.

JUDGE

Comparing Assistant