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Judgment
W. Diengdoh, J
Heard Mr. K. Paul, learned senior counsel for the petitioner, who has submitted that the petitioner herein being apprehensive of imminent arrest in connection with Shillong Sadar P.S. Case No. 130 (05) of 2023 under Section 409 IPC pending before the Court of the learned Chief Judicial Magistrate at Shillong, has preferred before this Court, this instant application under Section 438 Cr.P.C with a prayer for grant of pre-arrest bail.
It is also submitted that the petitioner has approached this Court pursuant to a direction by the Hon’ble High Court of Orissa, wherein vide order dated 25.04.2024 passed in ABLAPL No. 15446 of 2023, on an application for grant of transit bail, the direction of the Hon’ble High Court of Orissa, while granting the prayer of the petitioner, had directed him to move for bail before a court of competent jurisdiction within 6(six) weeks from the date of the said order, that is, 25.04.2024. Hence, this instant application.
Though, the learned senior counsel had briefly proceeded with the merits of this matter, however, it is prayed that before this application is finally heard and disposed of, notice may be allowed to be issued upon the respondent No. 4, the respondent Nos. 1-3 respectively being represented by Mrs. T. Yangi. B, learned AAG, as such, no formal notice is required to be issued upon the said respondents.
On consideration of the submission made, the petitioner is directed to take steps for issuance of notice upon the respondent No. 4, the same returnable within 2(two) weeks.
In the meantime, as prayed for, interim bail is granted to the petitioner with a direction that he shall not abscond or tamper with the evidence and witnesses and that he shall appear before the Investigating Officer as and when required.
The State respondent is directed to produce copy of the case diary on the next date fixed.
List this matter on 19.06.2024.