The Gauhati High Court granted interim pre-arrest bail made absolute in a case involving cheating and criminal breach of trust, noting that parties had entered into a settlement. The application was disposed of on the order date.
Pre-arrest bail granted in terms and conditions of the order dated 13.07.2018.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010134952018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1898/2018
1:BIPLOB BORAH
S/O LATE LALIT BORAH, R/O DA-CHUBURI, PS TEZPUR, PO DA-PARBATIA, DIST. SONITPUR (ASSAM)
VERSUS
1:THE STATE OF ASSAM THROUGH PUBLIC PROSECUTOR
Advocate for the Petitioner : MR. S K JAIN
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE MIR ALFAZ ALI
03-10-2018
By this application under Section 438 of the Code of Criminal Procedure, 1973, the petitioner, namely – Sri Biplob Borah, has prayed for pre-arrest bail apprehending his arrest in connection with Tinsukia Police Station Case No.525/2018 registered under Section 420/406 of the Indian Penal Code.
Heard Mr. SK Jain, learned counsel for the petitioner. Also heard Mr. NJ Dutta, learned Additional Public Prosecutor, Assam for the State respondent.
Case diary called for is received and perused.
The allegation against the petitioner is that he entered into a contract with the
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informant to carry out certain works, but ultimately he did not carry out the work. It appears from the case diary that the parties have already entered into a settlement and an agreement laying down the settlement is available in the case diary.
Having considered the whole gamut of the matter and the nature of the offence, this appears to be a fit case where the petitioner should be given the benefit of prearrest bail.
Accordingly, the order dated 13.07.2018 granting interim pre-arrest bail to the petitioner is hereby made absolute on the same terms and conditions.
The bail application, accordingly, stands disposed of.
Send back the case diary.
Sd/-
Comparing Assistant
1 issue framed by the court
Whether the petitioner is eligible for pre-arrest bail in a cheating and criminal breach of trust case given the existence of a settlement agreement.
2 provisions across 2 enactments
BIPLOB BORAH
THE STATE OF ASSAM THROUGH PUBLIC PROSECUTOR
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
