GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
SHAHNAWAZ AHMED – Appellant
Versus
THE STATE OF ASSAM – Respondent
ORDER
Date : 07-11-2022 Heard Mr. S.C. Das, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Shahnawaz Ahmed has approached this Court seeking the benefit of pre- arrest bail, apprehending his arrest, in connection with Bhangagarh Police Station Case no.
244/2022 registered under Sections 323/417/436/427, Indian Penal Code [IPC].
3. In the First Information Report [FIR] lodged in connection with Bhangagarh Police Station Case no. 244/2022, it is stated that in the RCC Building located on the G.S. Road, covered by Dag no. 302 & Patta no. 51 and belonging to the family of the informant, the father of the petitioner viz. Late Sheikh Sultan Ahmed was inducted as a tenant originally. After the demise of his Late Sheikh Sultan Ahmed, the petitioner became the tenant of a shop premises located in the building as the legal heir of the original tenant. The shop is rented out for the purpose of running a sweet shop.
3.1. In the FIR, the informant has inter alia alleged that the petitioner for the purpose of running h
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