Prafulla Chandra Bhuyan vs The State Of Assam And Anr
2021 Latest Caselaw 811 Gua

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GAHC010041462021




                             THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

            I.A.(Crl.)/143/2021

            PRAFULLA CHANDRA BHUYAN
            S/O LATE MAYARAM BHUYAN
            R/O. NO. 2 MADGHARIA
            GHY- 20
            P.S.NOONMATI
            DIST. KAMRUP(M), ASSAM


             VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY P.P.

            2:BIMAL SEN DEKA
            S/O SRI PRAFULLA SEN DEKA
             R/O SANTIPATH
             R.G. BARUAH ROAD
             GUWAHATI-24
             DIST-KAMRUP(M), ASSAM

            Advocate for : MR. C S RAY
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.

                                   BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                           ORDER

04-03-2021

Mr. C.S. Ray, learned counsel represents the applicant-petitioner. Mr. N.K. Kalita, learned Additional Public Prosecutor, represents the State respondent. Mr. A. Das, learned counsel represents respondent No. 2.

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This interlocutory application has been filed for bail of the applicant, who has been in custody due to his failure to make payment of the compensation awarded in CR Case No. 860/2013, under Section 138 of the Negotiable Instruments Act, 1881.

The learned counsel for the petitioner has undertaken, to which the learned counsel for the private respondent has agreed, that 35% of the compensation amount shall be deposited by the petitioner with the learned Court below within two days from today and another 15% of the compensation amount shall be deposited by the petitioner within the next two weeks from today. Thus, 50% of the awarded amount shall be deposited with the learned Court below by the petitioner.

On such payment, 25% of the deposited amount shall be released in favour of the respondent No. 2 by the learned Court below and the remaining 25% of the deposited amount shall be till disposal of the application or till further direction by this Court.

In view of above, the petitioner is granted bail on furnishing a bail bond of Rs.1,00,000/- with a suitable surety of the like amount to the satisfaction of the learned Judicial Magistrate, First Class, (Munsiff No. 3), Kamrup (M), Guwahati, who had passed the impugned judgment.

It is made clear that in the event the deposit is not made, as indicated above, the order granting bail to the petitioner shall be liable to be cancelled without any further notice.

So far the suspension of the impugned judgment is concerned; necessary order shall be passed on the next date fixed only after disposal of the aforesaid amount.

The interlocutory application stands disposed of accordingly.

JUDGE

Comparing Assistant