The Gauhati High Court granted absolute bail to the petitioner in a Cheques and other IPC offences. The court held that the primary allegation of non-payment of rent was a civil matter and custodial interrogation was not warranted.
Earlier interim bail is hereby made absolute.
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GAHC010104652021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1963/2021
HANIFUL HUSSAIN
S/O LATE HAREJ ALI, C/O MIRA DEVI AHMED, BIRUBARI BAZAR, P.S. FATASHIL AMBARI, GUWAHATI 16, DIST. KAMRUP (M), ASSAM.
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : MR. A K SARMA
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
10.11.2021
By filing this petition under Section 438 of the CrPC, the petitioner, namelyHaniful Hussain has sought for pre-arrest bail in connection with Dispur P.S. Case
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No.2099/2021, registered under Section 406/ 420/ 294/506 IPC.
Heard the learned counsel for both sides and also perused the case diary as well as the documents annexed.
Primarily allegation has been made against the petitioner for non-payment of rent, under whom the petitioner is a tenant. That being so, the informant has the efficacious remedy to realise the rent by filing a civil suit and/or for eviction etc. on the ground of defaulter. Going by the matters on record and the nature of offence, custodial interrogation of the petitioner is not warranted and accordingly interim bail so granted earlier is hereby made absolute.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be converted to absolute bail given the civil nature of the rent dispute.
2 provisions across 2 enactments
Haniful Hussain
State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
