In an application for pre-arrest bail under Section 438 CrPC, the Court held that the underlying dispute was civil in nature. Accordingly, the Court found custodial detention unwarranted and granted bail.
Pre-arrest bail is granted. Interim order of 29.05.2019 made absolute.
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GAHC010117352019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1577/2019
1:BIREN CHAKRABORTY
S/O LATE BHUNATH CHAKRABORTY, VILL-KAHILIPARA, DAKHIN GAON ROAD, P.S.-DISPUR, DIST-KAMRUP(M), ASSAM, PIN-781019
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR G SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 25-11-2019
Heard Mr. G. Sarma, learned counsel for the accused-petitioner and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam, appearing for the State respondent .
This is an application, under Section 438 CrPC, seeking pre-arrest bail of the accusedpetitioner, namely, Biren Chakraborty, in connection with Dispur PS Case No. 1163/2019 registered under Section 420/406/294 IPC.
Considered the submission of learned counsel for both sides.
Today, case diary has been produced and the same is gone through.
The petitioner, herein entered into a tenancy agreement with the informant that he will raise
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construction in the plot of land of the informant bearing his own cost and same will be adjusted against the monthly rent. Subsequently, it is apprehended by the informant that the petitioner by virtue of the terms of the agreement has refused to act upon the conditions of the agreement. The entire dispute is a civil profile than that of criminal one.
In view of above, this Court is of the view that custodial detention of the accused-petitioner is unwarranted in connection with the case. Accordingly, prayer for pre arrest bail is granted.
Consequently, the interim order dated 29.05.2019 is hereby made absolute on the same terms and conditions.
The application stands disposed of.
Return the case diary.
JUDGE
Milansinha/
Comparing Assistant
2 issues framed by the court
Whether the applicant is entitled to pre-arrest bail in connection with the cognizable offence under Sections 420, 406 and 294 of the IPC.
Whether the civil nature of the underlying construction dispute warrants custodial detention of the accused.
1 provisions across 1 enactments
Biren Chakraborty
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
