The Gauhati High Court granted regular bail to the petitioner in connection with cheating and forged documents offences. The court noted defects in the sale deed evidence and observed that release would not hinder the investigation.
Petitioner allowed to go on bail on a bond of Rs. 20,000 with one surety of like amount.
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GAHC010197402021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3314/2021
JAKIR HUSSAIN S/O LT. SOFIQUL HOQUE @ TUTA IYA VILL- ISLAM NAGAR FAEH 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 ORDER
03.12.2021
By this application under Section 439 CrPC, petitioner, namely, Jakir Hussain, who was shown arrested on 11.10.2021, has prayed for granting him regular bail, in connection with Hojai PS Case No. 623/2021, under Sections 420/468/471 IPC
Heard the learned counsel for both the sides.
Perused the record and the Case Diary.
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Although the informant has stated that one INNOVA Vehicle, bearing Registration No. AS-12-K-2551, has been sold by the petitioner to him by taking Rs. 4,70,000/-, but it appears that there is no proper execution of sale deed, save and except a carbon copy document in the Case Diary, mentioning only about the vehicle number, without any chassis number, engine number, to confer any right to the informant.
On the other hand, the present petitioner was arrested initially on 10.09.2021, in connection with Hojai PS Case No. 587/2021, under Sections 447/420/326/506/34 IPC. Subsequently, while he was in custody, he was shown arrested on 11.10.2021, in the present case.
The petitioner, herein, by filing an additional affidavit has produced one RC pertaining to the aforesaid vehicle No. AS-12-K-2551, which stood in the name of Tezpur Roller Floor Mills, i.e., not in the name of the petitioner. The entire matter appears to be clumsy.
Having regard to the materials on record and particularly the length of detention, it appears that release of accused at this stage will not hamper the investigation. Accordingly, the accused petitioner is allowed to go on bail of Rs. 20,000.00, with one surety of the like amount, to the satisfaction of learned CJM, Sankardev Nagar, Hojai.
Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant bail to the petitioner in connection with offences under Sections 420, 468, 471 IPC and 420, 326, 506, 34 IPC.
Whether release on bail will hamper the investigation given the defective sale deed and length of detention.
1 provisions across 1 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
