This order granted absolute interim bail to the petitioner. The court held custodial detention not warranted due to partial payment and availability of alternative remedies, making an earlier interim bail absolute in a petition under Section 438 CrPC.
Earlier interim bail made absolute; petitioner released on bail.
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.
Page No.# 1/2
GAHC010014832021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/236/2021
BANI KANTA MEDHI S/O. SRI DHARANIDHAR MEDHI, R/O. HOUSE NO.43, PANJABARI, NAMGHAR PATH, KAILASH NAGAR, GUWAHATI-781037, P.S. SATGAON, DIST. KAMRUP (M), ASSAM.
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. D BHUYAN
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
09.11.2021
By filing this petition under Section 438 of the CrPC, the petitioner, namely- Bani Kanta Medhi has sought for pre-arrest bail in connection with
Page No.# 2/2
Dispur P.S. Case No.247/2021, registered under Section 406/420 IPC.
Heard the learned counsel for both the parties and perused the documents annexed including the Case Diary.
The informant alleged that the petitioner was required to pay an amount of Rs.3 lakhs against the purchased articles of the guest house belonging to him. Although, the petitioner paid an amount of Rs.1,90,000/- out of the said amount and for the remaining amount he issued a cheque, but the said cheque was subsequently bounced.
As it appears that the informant has alternative remedy to file a case under Section 138 of the NI Act & instead has filed FIR under Section 406/420 IPC. As it reveals that the petitioner has paid a major amount of the dues to the informant, he has also submitted that he has already paid the remaining amount by way of cash (by Google Pay but there is no positive evidence on record), however, in the given facts and circumstances, this Court is of the opinion that custodial detention of the accused is not warranted. Accordingly interim bail granted earlier is hereby made absolute.
Return the Case Diary.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether interim bail in a pre-arrest bail petition under Section 438 CrPC regarding allegations of cheque bounce and cheating should be made absolute.
Whether custodial detention is warranted in the given facts and circumstances.
Whether the petitioner had already paid the remaining dues as claimed.
2 provisions across 2 enactments
Bani Kanta Medhi
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
