Allowed

Manaranjan Brahma v. the State of Assam

Gauhati HC10 Nov 2022AB/2682/2022

Case brief

AI extract

What is this about?

The Gauhati High Court considered a petition under Section 438 Cr.P.C. regarding alleged cheating and criminal breach of trust. The court reviewed submissions, noting the dispute's civil nature and the petitioner's cooperation, and made the interim bail order absolute.

What did the court decide?

The order of pre-arrest interim bail dated 14.09.2022 is hereby made absolute. Petitioner directed to cooperate with investigation.

Manaranjan Brahma Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

¶1

Page No.# 1/2

¶2

GAHC010185162022

¶3

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

¶4

Case No. : AB/2682/2022

¶5

MANARANJAN BRAHMA

¶6

S/O- KAMLESWAR BRAHMA, PROPRIETOR OF M/S. MANARANJAN BRAHMA, WARD NO. 4, J.D. ROAD, KOKRAJHAR TOWN, P.S. AND DIST. KOKRAJHAR, ASSAM, PIN- 783370.

¶7

VERSUS

¶8

THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM

¶9

Advocate for the Petitioner : MR. K K HANDIQUE

¶10

Advocate for the Respondent : PP, ASSAM

¶11

BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

¶12

ORDER

¶13

Date : 10-11-2022

¶14

Heard Mr. K.K. Handique, learned counsel for the petitioner Shri Manaranjan Brahma who has filed this petition under Section 438 of the Code of Criminal Procedure (Cr.P.C. for short) in connection with Bhangagarh P.S. Case No. 239/2022 under Sections 406/420/34 of the Indian Penal Code.

¶15

Page No.# 2/2

¶16

The petitioner was granted interim bail vide order dated 14.09.2022. The allegation against the petitioner is that the petitioner has to pay an amount of Rs. 94,06,744/- to the complainant firm namely, M/s Manaranjan Brahma. A meeting was already held on 08.10.2021 in the administrative office regarding the mode and time of payment of the outstanding dues by cheques of Rs. 30 lacs and 65 lacs in favour of the complainant firm. However, the amount was not paid and payment was stopped. It is also submitted on behalf of the petitioner that both the parties are contemplating to settle their dispute amicably and there is every possibility that this matter will be settled.

¶17

Heard Mr. K.K. Das, learned Addl. P.P. for the State of Assam.

¶18

It is submitted that the matter between the parties is of civil nature and also predominantly private in nature.

¶19

I have considered the submissions at the Bar. The Case Diary reveals that the petitioner has co-operated with the investigation. His statement has been recorded by the Investigating Officer. The petitioner is also a local resident.

¶20

Considering all aspects, the order of pre-arrest interim bail dated 14.09.2022 is hereby made absolute. The petitioner is directed to co-operate with the investigation and not to hamper or tamper with the evidence.

¶21

Send back the Case Diary.

¶22

JUDGE

¶23

Comparing Assistant

Manaranjan Brahma v. the State of Assam

Case brief

What is this about?

What did the court decide?

Manaranjan Brahma v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Abdul Mozid Vs the State of Assam

Subham Sharma Vs the State of Assam

Sohor Bhanu and 2 Ors. Vs the State of Assam

Sanjarang Narzary Vs the State of Assam

Biplab Bhattacharjee Vs the State of Assam and Anr.

Nur Islam @ Nurul Islam and 2 Ors. Vs the State of Assam