Allowed

Sandillya Dulal Goswami v. the State of Assam

Gauhati HC13 May 2019AB/1011/2019

Case brief

AI extract

What is this about?

This court dealt with an anticipatory bail application under Section 438 Cr.P.C. filed regarding a case of criminal breach of trust and cheating. The petitioner, a bank manager who sanctioned a loan, was granted pre-arrest bail on conditions.

What did the court decide?

Petitioner granted pre-arrest bail on Rs. 20,000 with one suitable surety of like amount subject to specified conditions.

Sandillya Dulal Goswami Vs the State of Assam — Cheque Dishonour | Gauhati HC (2019)

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GAHC010072092019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 1011/2019

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1:SANDILLYA DULAL GOSWAMI

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S/O SRI DULAL CHANDRA GOSWAMI, R/O HOUSE NO. 10, RAILWAY COLONY ROAD, HATIGARH CHARIALI, MOTHER TERESA ROAD, UNDER GEETANAGAR P.S., DIST-KAMRUP (M), ASSAM

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VERSUS

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1:THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. A M BORA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 13-05-2019

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Heard Mr. A.M. Bora, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State respondent.

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By this petition under section 438 of the Cr.P.C., the petitioner namely, Sandillya Dulal Goswami has prayed for grant of pre-arrest bail apprehending his arrest in connection with BI (EO) P.S Case No. 29/2018 under Section 420/406 of the IPC.

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The case dairy, as called for, is placed before the Court.

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Mr. A.M. Bora, learned counsel for the petitioner, submits that the petitioner is not

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named in the FIR and he being the Senior Branch Manager of Oriental Bank of Commerce, Panbazar Branch, Guwahati acted as the Sanctioning Authority for the loan and the borrower namely Nayankamal Nath has already availed the privilege of pre-arrest bail vide order, dated 22.02.2019, passed in A.B. No. 419/2019. Mr. Bora further submits that the repayment of the loan is going on.

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Mr. B. Sarma, learned Additional Public Prosecutor, Assam, submits that the present petitioner being the Senior Branch Manager of Oriental Bank of Commerce, Panbazar Branch, Guwahati, as it appears from the case diary, sanctioned the loan amount in favour of the borrower Nayankamal Nath.

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Perused the FIR and the documents annexed to the bail application as well as perused the case diary. On scrutiny of the case diary and hearing the learned counsel for both the sides, this Court finds that the petitioner is the Senior Branch Manager of Oriental Bank of Commerce, Panbazar Branch, Guwahati and he sanctioned the loan amount in question in favour of the borrower, named above. Therefore, in the backdrop of the facts and circumstances concerning the present petitioner, his custodial interrogation is felt may not be necessary in the interest of investigation in the case.

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In view of the above reasons, it is provided that in the event of arrest, the petitioner, namely, Sandillya Dulal Goswami shall be released on pre-arrest bail of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority, on the following conditions:-

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That the petitioner shall appear before the investigating officer within 10(ten) days from today and co-operate in investigation;

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That the petitioner 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;

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That the petitioner shall not hamper in the investigation, or tamper with the evidence of the case; and

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That the petitioner shall not leave the jurisdiction of Kamrup (M)

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district without prior permission from the investigating officer or in his absence the Officer-in-charge of BI (EO) P.S., Guwahati.

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Return the case diary.

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This disposes of the anticipatory bail application.

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JUDGE

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Comparing Assistant

Sandillya Dulal Goswami v. the State of Assam

Case brief

What is this about?

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Sandillya Dulal Goswami v. the State of Assam

Case brief

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What did the court decide?

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