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Chotelal Sharma @ Sukhelal vs The State Of Assam on 26 March, 2019

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GAHC010045192019

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

Case No. : AB 621/2019

1:CHOTELAL SHARMA @ SUKHELAL
S/O. LT. BHUKLU SHARMA, R/O. BEHARBARI, SONKUCHI, BARSAJAI, P.S.
BASISTHA, DIST. KAMRUP (M), ASSAM.

VERSUS

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

Advocate for the Petitioner : MR. U K BARMAN

Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

ORDER

Date : 26-03-2019

This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the
petitioner, namely, Sri Chotelal Sharma @ Sukhelal, in connection with Basistha PS Case
No. 221/2019 under Section 406 IPC read with Section 5 of the Assam Land Grabbing
(Prohibition) Act.

Heard Mr. U.K. Barman, learned counsel for the petitioner as well as Mr. T.K. Mishra, learned
Additional Public Prosecutor for the state respondent.
Case diary produced has been perused.

On perusal of the materials in the case diary, it does not appear that it is a case where
custodial interrogation is essential for the purpose of investigation of the case. That being so,
the prayer for pre-arrest bail of the petitioner is allowed.
The petitioner shall appear before the investigating police officer within 7 (seven) days from
today, and, in the event of his arrest, he shall be released on furnishing a bail bond of Rs.

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20,000/- with one suitable surety of the like amount to the satisfaction of the arresting
authority, on the following conditions:

(1) The petitioner shall not leave the territorial jurisdiction of the
aforesaid police station, without prior written permission from its officer-in-
charge,
(2) The petitioner shall not hamper with the investigation, or tamper
with the evidence of the case, and
(3) The petitioner 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 petition stands disposed of.

Return the case diary.

JUDGE

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