Allowed

Chand Miya Ahmed v. the State of Assam

Gauhati HC15 Mar 2022AB/274/2022

Case brief

AI extract

What is this about?

This pre-arrest bail application u/s 438 Cr.P.C. was allowed. The petitioner faced allegations under IPC sections 379/406/420 regarding failure to hand over cooperative society records after his term ended. The court granted bail of Rs. 25,000 with a direction to hand over items by 30.04.2022.

What did the court decide?

Pre-arrest bail allowed with Rs. 25,000 bail and surety; direction to hand over cooperative items by 30.04.2022.

Chand Miya Ahmed Vs the State of Assam — Property and Title | Gauhati HC (2022)

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GAHC010015512022

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

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Case No. : AB/274/2022

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CHAND MIYA AHMED S/O LATE ISU SHEIKH R/O VILL- BOGDIA, P.O. BHAKATPARA P.S. DHULA DIST. DARRANG, ASSAM

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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. I CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 15.03.2022.

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Heard Mr. I. Choudhury, the learned counsel appearing for the petitioner. Also heard Mr. M.P. Goswami, the learned Additional Public Prosecutor for the State of Assam.

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Page No.# 2/2

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This is an application filed by the petitioner namely, Chand Miya Ahmed, u/s 438 of Cr.P.C, praying for pre-arrest bail in connection with Dhula P.S. Case No. 373/2021, under section 379/406/420 of IPC.

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The petitioner herein was the former secretary of co-operative society and an allegation has been made against him stating that after his turn was over, he has not handed over such items like day book, money receipt book, voucher file and cash book.

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After perusal of the case diary and after hearing the learned counsels for both sides, this Court is of the view that at this stage the present petitioner does not deserve to be detained in custody.

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Accordingly, the pre-arrest bail prayer of the petitioner is allowed.

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It is hereby directed that in the event of arrest, the petitioner namely Chand Miya Ahmed, shall be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand only) with a surety of like amount, to the satisfaction of the arresting authority. The petitioner is directed to appear before the Investigating Officer within next 10 days from today. The petitioner is further directed to hand over the aforesaid items as mentioned above within 30.04.2022. If the petitioner fails to do so, the protection shall automatically vacated.

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With the aforesaid observation, the pre-arrest bail application stands disposed of.

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Comparing Assistant

Chand Miya Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

Chand Miya Ahmed 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

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Coram

Case details

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