This order grants a bail application under Section 438 Cr.P.C. by presuming the petitioner is the accused, rejecting the bail prayer due to serious allegations of misappropriation of funds and complicity in cheque dishonour litigation.
Pre-arrest bail prayer of the petitioner rejected.
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GAHC010035972019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 470/2019
1:REEMA DUTTA
S/O. UPENDRA NATH DUTTA, C/O. SONALI DAS HAZARIKA, H/NO- 05, BISHNU RABHA PATH, ASHOK NAGAR, BELTOLA, P.S. BELTOLA, DIST. KAMRUP (M), PIN-781028.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MS. T SOM
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 13-03-2019
This is an application u/s 438 Cr.P.C. for granting pre-arrest bail to the accusedpetitioner, namely, Smti Reema Dutta in connection with North Guwahati PS Case No.89 of 2017 under Section 408/418 of the IPC.
Heard the learned counsel for both the sides.
Perused the FIR and the case diary.
There are serious allegation in the FIR against the petitioner being the Hostel Warden of Faculty High School, North Guwahat who has misappropriated an amount of Rs.45 Lakhs towards the hostel dues/fees of the Faculty.
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From the case diary, it reveals that the petitioner has defalcated such amount of money and she has issued some cheques against such defalcated money which is again dishonored for which another rounds of litigation is pending against the petitioner under Section 138 of the N.I Act.
Considering the entirety of the matter and the serious complicity of the present petitioner, the pre-arrest bail prayer of the petitioner stands rejected.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the prayer for pre-arrest bail under Section 438 Cr.P.C. should be granted in a case involving serious allegations of misappropriation and cheque dishonour.
3 provisions across 2 enactments
Reema Dutta
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
