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2020 DIGILAW 321 (GAU)

Jakaria Hussain Laskar v. State Of Assam

2020-03-03

MIR ALFAZ ALI

body2020
JUDGMENT 1. This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Jakaria Husain Laskar, apprehending arrest in connection with Silchar PS Case No. 3986/2019 corresponding to GR 6127/2019 under Section 381 IPC . 2. Heard Mr. HRA Choudhury, learned Sr. Counsel, assisted by Ms. R. Rongmei, learned counsel for the petitioner as well as Mr. M.P. Goswami, learned Additional Public Prosecutor, appearing for the State of Assam. 3. Perused the FIR and the documents annexed with the petition and also the case diary produced today. 4. The allegation made in the FIR was that the petitioner was the Manager of the informant and in his capacity as Manager was entrusted with financial activities. The petitioner was also dealing with the cheque book of the informant. It has been stated that in the process, he has misappropriated a huge amount of money and later on, when the informant asked him to pay the money, the petitioner threatened him with dire consequence. 5. Learned counsel for the petitioner submits that the petitioner was not the Manager of the informant, rather, business partner of the informant and there was some dispute regarding financial transaction as some cheques issued by the petitioner was dishonored, for which, the informant issued several notices under NI Act contemplating institution of proceeding under NI Act. It is also submitted by the learned counsel for the petitioner that prior to lodging of the FIR, a complaint case being CR No. 394/2019 was also filed. The contention of the learned Sr. Counsel is that the present FIR is lodged only to pressurize the petitioner to realize the debt. 6. Having considered the materials in the case diary and the nature of accusation, custodial interrogation of the petitioner in the interest of investigation is not considered necessary and as such the prayer for pre-arrest bail is allowed. Accordingly, it is provided that in the event of arrest of the petitioner, he shall be released on furnishing a bail bond of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions. 1. The petitioner shall appear before the Investigating Officer within 15 days and co-operate with the investigation. 2. 20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions. 1. The petitioner shall appear before the Investigating Officer within 15 days and co-operate with the investigation. 2. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. 7. Bail application is disposed of. Return the case diary.