Mahesh Das vs The State Of Assam
2023 Latest Caselaw 2258 Gua

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GAHC010072312023




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

                                 Case No. : AB/1217/2023

            MAHESH DAS
            S/O- LATE SARBESHAR DAS, PERMANENT RESIDENT OF VILL.-
            BORIGAON NIMATI ROAD, WARD NO. 19, UNDER JORHAT POLICE
            STATION, DIST- JORHAT, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : MR P KATAKI

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        JUDGMENT

Date : 30.05.2023 Heard Mr. P. Kataki, learned counsel for the petitioner and Ms. N. Das, learned Addl. PP for the State respondent.

This is an application under Section 438 Cr.P.C. filed by the petitioner, namely Sri Mahesh Das, praying for pre-arrest bail in connection with Majuli P.S. Case No. 38/2023, under Sections 120B/ 406/ 420 IPC.

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The learned counsel for the petitioner has submitted that the petitioner is on interim bail vide order dated 03.04.2023 and he has appeared before the I.O. and his statement was recorded. The petitioner has stated in his statement before the I.O. that he would return the money to the informant. Under such backdrop, pre-arrest bail be made absolute.

The learned Addl. P.P. has submitted that the petitioner has not misused his liberty during the period of pre-arrest bail. As such she has no objection.

Case diary as called for is received and perused.

Considering submissions of the learned counsel for the parties, the interim pre- arrest bail granted vide order dated 03.04.2023 is made absolute under the same terms and conditions as mentioned in the interim order.

Bail application is disposed of.

Send back the case diary.

JUDGE

Comparing Assistant