The Gauhati High Court granted pre-arrest bail to two accused persons in a money laundering related case after the informant settled the matter amicably and withdrew objection to bail.
Allowance of pre-arrest bail on `10,000` each with one surety of like amount, with direction to appear and cooperate with investigation.
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GAHC010200662021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3984/2021
FAKRUL BAHAR AND ANR S/O LATE MUDORIS ALI
R/O VILL- DEORAIL P.O. AND P.S. BADARPUR, DIST. KARIMGANJ, ASSAM, PIN-788806
2: KUTUB UDDIN CHOUDHURY S/O LATE MAHTAB UDDIN CHOUDHURY R/O VILL- AND P.O. BAGBARI P.S. AND DIST. KARIMGANJ ASSAM PIN-78872 VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B U LASKAR Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
13.12.2021
By way of this second pre-arrest bail application the petitioners, namely(1) Fakrul Bahar and (2) Kutub Uddin Choudhury have sought for bail in connection with Karimganj P.S. Case No.1107/2020 (corresponding to G.R.
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No.3022) under Section 120(B)/ 406/ 420/ 384/ 468/ 471/ 387/34 IPC.
Heard the learned counsel for both sides.
On earlier occasion, this court had rejected the prayer of pre-arrest bail on the ground that the present petitioners have made anomalies of the money that was sent by the informant from abroad in their account. Now, learned counsel for the informant has entered appearance and also submitted an affidavit sworn in by the informant that both the accused persons being his brothers, they have settled the issued amicably and hence he is no more interested to proceed with the matter and also has not objected to the interim bail prayer.
The matter pertains to allegation that the amount so deposited by the informant in the name of wife, the petitioners for the sake of his wife, was not disbursed.
In view of the submission made before this Court that the matter has been now stated to have been settled among them, it transpires that custodial detention of the present accused persons is not warranted.
Considering all entirety of the matter, the above named petitioners are allowed to go on pre-arrest bail of `10,000/-, each with one surety each of like amount, in the event of their arrest by the arresting officer in connection with the aforesaid case, with further direction to the petitioners to appear before the I/O within 7(seven) days from today for giving their statement and also they shall cooperate with the investigation of the case.
The application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted when the informant has settled the matter amicably and raised no objection.
Whether custodial detention of the accused persons is warranted given the settlement of the dispute.
1 provisions across 1 enactments
Fakrul Bahar
Kutub Uddin Choudhury
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
