Partly allowed

Jiyaul Hoque @ Jiyaul Hoque Ali v. the State of Assam

Gauhati HC7 Sept 2022AB/1185/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application prefered under Section 438 Cr.P.C. The Court held that in view of the nature of accusation, custodial interrogation was unwarranted and converted the interim bail into an absolute bail order.

What did the court decide?

The interim anticipatory bail order dated 05.05.2022 was converted into an absolute bail order, and the Case Diary was returned.

Jiyaul Hoque @ Jiyaul Hoque Ali Vs the State of Assam — Cheating and Forgery | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010082992022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1185/2022

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JIYAUL HOQUE @ JIYAUL HOQUE ALI S/O PIR MAHMUD ALI R/O BIJNIGAON P.O. AND P.S. BIJNI DIST. CHIRANG, ASSAM PIN-783390

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S C BISWAS

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE ROBIN PHUKAN ORDER

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07.09.2022

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Heard Mr S C Biswas, learned counsel for the accused/applicant and also heard Mr K K Parashar, learned Additional Public Prosecutor for the State respondent.

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Apprehending arrest in connection with Patacharkuchi PS Case No. 501/2021, under Sections 406/420 of the Indian Penal Code, 1860, this application under Section 438

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Page No.# 2/3

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Cr.P.C. is preferred by applicant/petitioner, Jiyaul Hoque @ Jiyaul Hoque Ali, for grant of pre-arrest bail.

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Be it mentioned here that the aforesaid case has been registered on the basis of one FIR lodged by one Nurul Hoque on 27.09.2021, to the effect that the accused No. 1 (named in the FIR), Sri Pranay Basumatary and accused No. 2 (named in the FI), i.e., Jiyaul Hoque, the present accused applicant, gave him a false assurance to run the dumper truck, bearing registration No. AS-25-AC-0414, at a fixed monthly rent of Rs. 1,50,000/- on contract basis. On that condition, he paid a sum of Rs. 1,50,000/- in advance and when he was about to take the vehicle, it was not in a good condition and thereafter, he repaired the same and spent an amount of Rs. 1,20,000/- and after 5 days of running the dumber, the accused applicant, Jiyaul Hoque had again taken the vehicle from him on the ground that the documents are not available with him and he assured him to return the vehicle and thereafter, the vehicle remained at the chowk of Barbhita Gaon.

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Mr Biswas, learned counsel for the accused/applicant submits that pursuant to the order of this Court dated 05.05.2022, the accused/applicant appeared before the IO and he has submitted the order of this Court, granting him interim bail and that he has been cooperating with the investigating agency and therefore, it is contended to make the interim order dated 05.05.2022, absolute, in the same terms and conditions.

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On the other hand, producing the Case Diary, Mr Parashar, learned Additional Public Prosecutor submits that the statement of the applicant is not available in the Case diary and the Case Diary is not updated since 11.08.2022.

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However, having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary produced before this Court with the assistance of Mr Parashar, learned Additional Public Prosecutor.

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In view of above and considering the nature of accusation and the punishment prescribed for the same, the custodial interrogation of the accused/applicant appears to be unwarranted in the interest of investigation. Accordingly, this court is inclined to make the interim order dated 05.05.2022, absolute in the same terms and conditions.

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In terms of above, the anticipatory bail application stands disposed of.

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Case Diary be returned.

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JUDGE

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Comparing Assistant

Jiyaul Hoque @ Jiyaul Hoque Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jiyaul Hoque @ Jiyaul Hoque Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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