The Gauhati High Court disposed of an application under Section 438 Cr.P.C. for anticipatory bail in a cheque-bounce and criminal conspiracy case concerning government dam restoration work.
The interim anticipatory bail order dated 10.06.2022 was made absolute and retained in the same terms and conditions.
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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GAHC010112952022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1580/2022
DILWAR HUSSAIN LASKAR S/O LATE MOINUL HOQUE LASKAR R/O HAILAKANDI TOWN, WARD NO. 4, RABINDRA SARANI P.O. AND P.S. HAILAKANDI DIST. HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B C DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE ROBIN PHUKAN ORDER
06.09.2022
Heard Mr B C Das, learned Senior Counsel for the accused/applicant and also heard Mr P Borthakur, learned Additional Public Prosecutor for the State respondent.
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Apprehending arrest in connection with Hailakandi P.S. Case No. 160/2022, U/s 420/120(B) IPC, this application under Section 438 Cr.P.C. is preferred by applicant/petitioner Dilwar Hussain Laskar for grant of pre-arrest bail.
The allegation levelled in the FIR, dated 19.04.2022, lodged by one Hussain Ahmed Laskar of Purbo Kittarbon Pt. II is that the accused person as a contractor took rod, sand, cement and stone since last few years from his shop for his contract works and paid the due money after he received the bills and he also got one contract work, namely, I.M. Restoration of Damages occurred at Nalubak and Borbond area L/B of River Katakhal at Rajyeswarpur-I for 2017- 2018, under SDRF, for a sum of Rs. 218 Lakhs and the accused person took goods from his shop and he issued a cheque for a sum of Rs. 93 Lakhs on 01.04.2022, and while he deposited the aforesaid cheque in his account, the same returned unpaid with a remark and that the account No. 3624586153 in the name of Dilwar Hussain Laskar, is closed.
Mr B C Das, learned Senior Counsel for the accused/applicant submits that pursuant to the order dated 10.06.2022, the accused/applicant appeared before the IO and his statement has been recorded and he is cooperating with the investigating agency and therefore, it is contended to make the interim order dated 10.06.2022, absolute, in the same terms and conditions.
However, producing the Case Diary, Mr P Borthakur, learned Additional Public Prosecutor submits that the applicant has appeared before the IO and he has been cooperating with the Investigating Agency and the IO has almost completed the investigation and there remains to submit the charge sheet only.
Having heard the submission 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 Ms N Das, learned Additional Public Prosecutor.
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In view of the submissions of learned Advocates of both sides, specially the stage of investigation, and also 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 10.06.2022, absolute in the same terms and conditions.
In terms of above, the anticipatory bail application stands disposed of.
Case Diary be returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an interim anticipatory bail order should be converted into an absolute bail order given the stage of investigation.
1 provisions across 1 enactments
Dilwar Hussain Laskar
State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
