Bail application under Section 439 CrPC for an accused in a cheating/forgery case; the petitioner claimed entitlement to default bail after completing the mandatory detention period. The court allowed the prayer and released him on bail of Rs.20,000 with one surety.
Petitioner released on bail of Rs.20,000 with one surety of like amount.
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GAHC010015992024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./237/2024
PANKAJ DAS
S/O- BAIKUNTHA DAS, R/O- KHARGULI, UZAN BAZAR, BORTHAKUR CLINIC ROAD,P. S. LATASIL, DISTRICT KAMRUP METRO, ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE LEARNED PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S M MOLLAH
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
08.02.2024
Heard Mr. S M Mollah, learned counsel for the petitioner as well as Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam.
By this 2nd application filed under Section 439 CrPC, the petitioner, namely, Pankaj Das, has prayed for release on bail, who was arrested in connection with Fatasil Ambari P.S. Case No. 275/2023 under Sections 468/471/472 IPC.
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Today, it has been submitted at the bar that the petitioner has already completed the mandatory period of detention and therefore, he is entitled to default bail. Accordingly, the prayer for bail is allowed.
The petitioner Pankaj Das is allowed to go on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati who was arrested in connection with Fatasil Ambari P.S. Case No. 275/2023 under Sections 468/471/472 IPC.
The bail application is disposed of.
Return the Case Dairy.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner, having completed the mandatory period of detention, was entitled to default bail.
4 provisions across 2 enactments
Pankaj Das
The State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
