In a bail petition filed under Section 438 CrPC concerning an FIR for cheating and criminal breach of trust regarding unpaid GST, the court noted that the petitioner had cleared the dues. The court held that custodial interrogation was not warranted and made interim bail absolute.
Interim bail made absolute; the bail application is disposed of.
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GAHC010166872021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3238/2021
SHAFI KAMAL AHMED S/O ASRAF HUSSAIN R/O VILL- MARICHA P.O. KAYAKUCHI BAZAR P.S. BARPETA, DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
17.12.2021
By filing this petition under Section 438 of the CrPC, the petitioner, namely- Shafi Kamal Ahmed has sought for pre-arrest bail in connection with
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Barpeta P.S. Case No.1139/2021 registered under Section 420/406 IPC.
Heard learned counsel for both sides. Also perused the case diary as well as the documents annexed.
An allegation has been raised by the AGM, Barpeta Electrical Circle, APDCL, Bhaktapara, Barpeta that the petitioner has not deposited the GST as against the works that has been executed by him as mentioned in the FIR bearing LOA no.CEO/BPEC/SAU/59 dtd. 05.09.2018 and CEO/BPEC/APDCL/SAU/F-102 dtd. 12.04.2019.
The petitioner has produced the certificate dated 15.11.2021 issued by the Chief Executive Officer, Barpeta Electrical Circle, APDCL, Barpeta that subsequently i.e. after lodging the FIR, petitioner has cleared all the GST due before the office concerned and there is no such GST etc. is pending (Copy of which, is produced before this court, same is to be made part of the record).
Taking note of all above, it transpires that custodial interrogation of the present accused petitioner is not warranted. Accordingly, interim bail so granted earlier is hereby made absolute.
The bail application stands disposed.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether interim bail should be confirmed given the payment of pending GST dues.
1 provisions across 1 enactments
SHAFI KAMAL AHMED
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
