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SADHAN DAS v. THE STATE OF ASSAM

Court: Gauhati High Court

Bench: HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

Judgment date:

Case summary

Gauhati High Court judgment dated 2020-12-03. SADHAN DAS v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.

Judgment text

Page No. # 1/2 GAHC010155962020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3125/2020 SADHAN DAS S/O- LT. RATHINDRA KR. DAS, R/O- VAISHALI HOUSING SOCIETY, FLAT NO. B/2, SECOND FLOOR, P. S. PALTAN BAZAR, GHY-08, DIST. - KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY P. P. , ASSAM Advocate for the Petitioner : MR. B BORAH Advocate for the Respondent : PP, ASSAM BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER 03. 12. 2020 By this pre-arrest bail application under Section 438 CrPC, petitioner, namely, Sri Sadhan Das, has sought for pre-arrest bail, in the event of his arrest in connection with Paltan Bazar PS Case No. 770/2020, registered under Sections 406/420/294/506 IPC Heard the submissions of learned counsel for both the parties. Today, the Case Diary has been produced. Perused the same. Page No. # 2/2 The petitioner, herein, filed a civil suit as regards the disputed land and he obtained a decree.

At the time of execution of the decree, the informant tried to project his right over the disputed land and thereafter, lodged the present FIR. The entire episode revolves around a civil dispute and no criminal liability can be attributed to the petitioner. Having regard to the submissions made, this Court is of the opinion that custodial interrogation of the accused petitioner is not warranted. Accordingly, the interim bail order dated 02. 11. 2020, is hereby made absolute. Anticipatory Bail Application stands disposed of. Return the Case Diary. JUDGE Comparing Assistant

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