Dipak Hawadar @ Halder v. the State of Assam
Case brief
What is this about?
Bail application under Section 438 CrPC rejected. Court held the case involves misappropriation of funds by petitioner as manager of a society and accused complicity; thus not fit case for pre-arrest bail.
What did the court decide?
Bail application rejected; interim order of 24.11.2021 vacated; case diary returned.
What the court decided
A compact analysis
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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GAHC010196312021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3891/2021
DIPAK HAWADAR @ HALDER S/O LT. KHIROD HALDER R/O L.B. ROAD, P.S. AND P.O. TEZPUR, DIST. SONITPUR, ASSAM-784001
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S K SINGH
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail under Section 438 CrPC given allegations of misappropriation of funds.
Whether the balance between the liberty of the petitioner and need for investigation justifies granting pre-arrest bail.
Parties & counsel
- petitioner
DIPAK HAWADAR @ HALDER
- respondent
THE STATE OF ASSAM
Coram
RUMI KUMARI PHUKAN
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · January
- Registered
- Case no.
- AB/3891/2021
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