Anticipatory bail application under Section 438 Cr.P.C. in a cheating and criminal breach of trust case. The petitioner had cooperated with the police investigation pursuant to an earlier interim order; the court held he need not be detained and made the interim order absolute.
Interim bail order dated 18.03.2024 made absolute; CD directed to be returned.
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GAHC010056522024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/714/2024
NAZIR AHMED SON OF LT. MAHMOD ALI, VILL- NILBAGAN P.O. NILBAGAN P.S. MURAJHAR DIST. HOJAI, ASSAM PIN-782445
VERSUS
THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. M ALI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 14.06.2024
Heard Mr. M. Ali, learned counsel appearing for the petitioner and Mr. Bankim Sarma, the learned Additional P.P. for the State of Assam.
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This is an application under Section 438 of the Cr.P.C. in respect of Hojai P.S. Case No.60/2024 (corresponding to G.R. Case No. 232/2024) under Sections 420/406 of the Indian Penal Code.
Pursuant to the interim order granted by this Court on 18.03.2024, the petitioner has appeared before the Investigating Officer and has co-operated with the police investigation.
Under the given circumstances, the petitioner does not deserve to be detained in custody. Accordingly, his bail application is allowed.
Therefore, the interim order granted on 18.03.2024 is hereby made absolute.
The bail application stands disposed of.
The CD shall be returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in Hojai P.S. Case No. 60/2024 under Sections 420/406 IPC after co-operating with investigation.
2 provisions across 2 enactments
Nazir Ahmed
The State of Assam rep by the PP, Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
