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Judgment
Heard Mr. BD Konwar, learned Senior counsel assisted by Mr. H Agarwal, learned counsel for the petitioners. Also heard Mr. B B Gogoi, learned
Additional Public Prosecutor for the State of Assam.
The petitioners are the Managing Directors and employees of Seven Sisters Medical Service Ltd, a hospital situated at Goalpara. The petitioners filed
this bail petition under Section 438 Cr.P.C. seeking pre-arrest bail in connection with Goalpara P.S. Case No. 325/2021 under Section 385/420/409/34
IPC. The informant who is a doctor served in the said hospital and to that effect service agreement was executed between the management of the
hospital and the informant entered on 05.04.2021 stipulating various term and conditions of the service of the informant. As there was some dispute
between the management and the informant an FIR was lodged on 25.05.2021 stating that the management failed to pay him the salary stipulated in
the said service conditions. On the other hand one of the employee of the said hospital also lodged an FIR on 25.05.2021 itself against the informant,
Dr. Chandrasen Yadav and his family members which was registered as Goalpara P.S. Case No. 326/21 under Section 448/294/352/427/392/506/34
IPC.
In view of the same let case diaries of both Goalpara PS case No. 325/2021 and 326/2021 be called for fixing 22.06.2021.
In the interim the petitioners namely Mr. Altaf Hussain Ahmed, Mr. Ziaur @ Jiaur Rahman and Tomsao Sing Goel @ Kh Tomchou Sing are
protected by granting interim protection in the event of arrest of the petitioners above named, in connection with the case aforementioned, they shall
be released on bail on furnishing bail bond of Rs.15,000/- each with a suitable surety of the like amount, to the satisfaction of arresting authority. The
pre-arrest bail is granted on the following conditions:
(1) The petitioners shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge,
(2) The petitioners shall not hamper with the investigation, or tamper with the evidence of the case,
(3) 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 them from disclosing such facts to the Court or to any police officer,
(4) The petitioners shall appear before the Officer-in-charge, Goalpara PS within 7(seven) days from today,
(5) The petitioners shall continue to appear before the Investigating Officer of the above mentioned case after every 10(ten) days from the date of
first appearance till such time the attendance is dispensed with by the said investigating officer.
List accordingly.
