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Judgments of Supreme Court of India and High Courts

Ashish Phookan And Anr vs The State Of Assam on 22 February, 2019

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GAHC010038402019

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

Case No. : AB 499/2019

1:ASHISH PHOOKAN AND ANR.
S/O LATE JAGADISH PHOOKAN
R/O ASHYANA APARTMENT, FLAT NO. 3(B), CHINAKI PATH, P.S.
GEETANAGAR, KAMRUP (M), GUWAHATI -24.

2: SMTI JAHNABI PHOOKAN
W/O SRI ASHISH PHOOKAN
R/O ASHIYANA APARTMENT
FLAT NO. 3(B)
CHINAKI PATH
P.S. GEETANAGAR
KAMRUP (M)
GUWAHATI – 24

VERSUS

1:THE STATE OF ASSAM
REP. BY THE PP, ASSAM

Advocate for the Petitioner : MR. P K GOSWAMI

Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI

ORDER

Date : 22-02-2019

By this application under Section 438 Cr.PC, the petitioners, namely, 1. Sri Ashish
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Phookan and 2. Smt. Jahnabi Phookan, have prayed for pre-arrest bail, apprehending arrest in
connection with Chandmari PS Case No. 135/2019 under Sections 406 IPC.

Heard Mr. P.K. Goswami, learned Sr. Counsel for the petitioners and Mr. K. Konwar,
learned Additional Public Prosecutor for the state respondent.

Perused the FIR and the documents annexed with the petition.

The allegation made in the FIR is that the informant invested Rs. 10 lakhs in two
installments with the company, namely, M/s Eastern Tea Brokers Pvt. Ltd. However,
subsequently, the share holders of the company refused to pay the dividend and interest to the
informant nor they have returned the capital amount and therefore lodged the FIR.

Having regard to the allegations made in the FIR, which clearly shows that the
investment was made to the company, this court is of the view that custodial interrogation of
the present petitioners may not be necessary in the interest of investigation and as such, the
petitioners deserve to be granted the privilege of pre-arrest bail. Accordingly, it is hereby
provided that, if the petitioners are arrested, in connection with aforementioned case, they shall
be released on furnishing a bail bond of Rs. 20,000/- each with one suitable surety each of the
like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the
following conditions.

1. The petitioners shall appear before the Investigating Officer within 10 days and
co-operate with the investigation.

2. The petitioners shall not directly or indirectly, make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the court or to any police officer.

The bail application is disposed of.

JUDGE

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