SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Gau) 758

IN THE HIGH COURT OF GAUHATI
Ajai Lamba, J.
Danswrang Ramchiary And Anr. - Appellants
Vs.
State of Assam - Respondent
Bail Application No. 3583 of 2019
Decided On : 15-11-2019

Advocates Appeared:
B.S. Basumatary, Adv., H. Sarma, Adv.

The court's decision to grant bail was influenced by the nature of the offence, the period of custody undergone by the applicants, and the recovery of the stolen money.

Headnote:

Bail - Robbery - The court allowed the bail application under Section 439 of the Code of Criminal Procedure, 1973, considering the nature of the offence, the period of custody undergone by the applicants, and the recovery of the stolen money.

Fact of the Case:

The applicants sought bail in a case involving allegations of breaking into the office of Instakart Services Private Limited and committing robbery. The accused were not named in the FIR, and the stolen money was recovered from the arrested persons.

Finding of the Court:

The court found it just and proper to allow the bail application, considering the nature of the offence, the period of custody undergone by the applicants, and the recovery of the stolen money.

Issues: Bail application under Section 439 of the Code of Criminal Procedure, 1973 in a case involving allegations of breaking into the office of Instakart Services Private Limited and committing robbery.

Ratio Decidendi: The court considered the nature of the offence, the period of custody undergone by the applicants, and the recovery of the stolen money in allowing the bail application.

Final Decision: The accused-applicants were granted bail in connection with the case on furnishing bail bond in the specified amount and subject to certain conditions.

JUDGMENT :

Ajai Lamba, J.

Heard learned counsel for the applicants and the learned counsel for the prosecution.

2. Shri Danswrang Ramchiary and Shri Jayanta Ghatowal have preferred this application for bail under Section 439 of the Code of Criminal Procedure, 1973 in Mangaldai P.S. Case No.836/2019 under Sections 457/380 of Indian Panel Code.

3. Contention of learned counsel for the applicants is that the applicants have been in custody for 35 days. There is allegation of breaking into the office of Instakart Services Private Limited and committing robbery. Evidently, the accused have not been named in the FIR.

    It further appears that the stolen money has been recovered from the arrested persons.

4. Considering the nature of the offence; the period of custody undergone by the applicants and the fact that the money has been recovered, I deem it just and proper to allow this application.

5. The application is allowed.

6. Accordingly, the accused-applicants named above, shall be released on bail in connection with the aforesaid case on furnishing bail bond in the sum of Rs.10,000/-, with a suitable surety of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Darrang at Mangaldoi.

7. The direction for bail is further subject to the conditions that the accused applicants :

    (a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Darrang at Mangaldoi, without prior written permission from him;

(b) shall not hamper with the investigation, or tamper with the evidence of the case; and

(c) 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.

8. The application is allowed in the above noted terms.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top