High Court granted regular bail to a petitioner accused of misappropriation and cheque dishonour. Court held custodial interrogation not warranted and allowed bail on Rs.20,000 surety.
Allowed regular bail of Rs.20,000 with one surety of like amount to Chief Judicial Magistrate, Hojai.
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.
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GAHC010191062021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3213/2021
JAKIR HUSSAIN S/O LT. SOFIQUL HOQUE @ TUTA MIYA VILL- ISLAM NAGAR FATEH PUR P.S. AND DIST. HOJAI, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. S K NARGIS
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
16.11.2021.
By filing this petition under Section 439 of the CrPC, petitioner Jakir Hussain who is shown arrested and in custody since 28.09.2021, has prayed for releasing him on regular bail in connection with the Hojai P.S. Case No.617/2021, under Section 420/506 of the IPC.
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Heard the learned counsel for both sides and perused the record.
The allegation in the FIR is that the accused took an amount of Rs.6,90,000/- on loan, from the informant, about three months back and on demand, made by the informant, the petitioner issued a cheque of the same amount which was however dishonoured by the Bank, for not having sufficient amount in the Bank Account.
The informant herein should approach the proper forum, for dishonour of cheque but has filed the FIR that the accused has misappropriated his amount. The same aspect is not maintainable, as he intended to return the money, by issuing the cheque in question. Initially the accused was arrested on 10.09.2021, in connection with the Hojai P.S. Case No.587/2021 and he has been shown arrest in the present case on 28.09.2021. In the given facts and circumstances, further custodial interrogation is not warranted.
Accordingly the accused petitioner named above is allowed to go on regular bail of Rs.20,000/- with one surety of like amount, to the satisfaction of learned Chief Judicial Magistrate, Hojai at Sankar Deb Nagar, in connection with the Hojai P.S. Case No.617/2021.
The bail petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to release on regular bail in a cheque dishonour and cheating/misappropriation case without intent to return money.
2 provisions across 2 enactments
Jakir Hussain
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
