The Gauhati High Court granted final pre-arrest bail to the petitioner in a cheating and criminal breach of trust case involving the sale of a hypothecated car by defaulting borrowers, holding that detention was not warranted as the accuser could not recover the vehicle.
The interim order dated 11.01.2022 was made absolute; bail application disposed of.
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GAHC010005372022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/91/2022
IMAM UDDIN S/O NURUL ISLAM C/O ASADUL HOQUE HOUSE NO. 66, ANUPAM NAGAR, GUWAHATI, P.O. HATIGAON P.S. HATIGAON DIST. KAMRUP (M), ASSAM PIN-781038
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. S B CHOUDHURY
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
15.03.2022
Heard Mr. S. K. Das, learned counsel representing the applicant as well as Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam.
This is an application filed under Section 438 CrPC seeking pre-arrest bail by the petitioner, namely, Imam Uddin, in connection with Paltan Bazar P.S. Case No. 773/2021 under Sections 406/420/34 IPC.
One lady and her son took a loan from a finance company for purchasing car which was hypothecated with the company aforesaid and when they defaulted in payment of installments the company wanted to possess the car but the same was untraceable as the car was already sold to the present petitioner.
Considering the circumstances, this Court is of the opinion that the petitioner does not deserve to be detained. Accordingly, the interim order dated 11.01.2022 is made absolute with the same terms and conditions mentioned therein.
Bail application is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail in a cheating and criminal breach of trust case should be allowed on the basis that the accused sold a hypothecated car after defaulting borrower failed to pay installments and
Imam Uddin S/O Nurul Islam
The State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
