Page No.# 1/2 vs Smt Oli Begum (Substituted In Place Of Md ...
2025 Latest Caselaw 201 Gua

Gauhati High Court

Page No.# 1/2 vs Smt Oli Begum (Substituted In Place Of Md ... on 5 May, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                                Page No.# 1/2

GAHC010091862025




                                                                          2025:GAU-AS:5518

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

                                Case No. : I.A.(Crl.)/440/2025

            SRI PARAMESH CHANDRA SAUD
            SON OF LATE HANSA SAUD, RESIDENT VILLAGE NIJ POKOWA, TATIPARA,
            P.S.BELSOR, DIST. NALBARI, ASSAM



            VERSUS

            SMT OLI BEGUM (SUBSTITUTED IN PLACE OF MD ABDUL ALI)
            W/O-LATE ABDUL ALI,R/O-VILL.BELSOR,P.O AND P.S-BELSOR,DIST-
            NALBARI,ASSAM



Advocate for the Petitioner   : MR AJIT DAS, MR R S CHAUHAN,MS. D CHAUHAN

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

05.05.2025 Heard Mr. R. S. Chauhan, learned counsel appearing for the applicant and Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam.

2) This application has been filed under Section 438/442 read with Section 528 of the BNSS, 2023 in respect of NI Case No. 179/2018, which was disposed of by delivering a judgment dated 10.01.2024 by the learned Chief Judicial Magistrate, Nalbari.

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3) The petitioner allegedly borrowed an amount of Rs. 30,000/- from the husband of the complainant.

4) It was agreed that the present petitioner shall pay an interest @ 10% per month over the principal amount.

5) Mr. Chauhan has pointed out that in the cross examination of the complainant, it is admitted that her husband, who gave the money to the petitioner was a government servant, working as a chowkidaar in the PWD Department.

6) According to Mr. Chauhan, Rule 10 of the Assam Civil Services (Conduct) Rules, 1965 states that "No government servant shall lend or borrow money as principal or agent at interest or in a manner, where return in money or in kind is charged or paid."

7) I have considered the submissions made by Mr. Chauhan.

8) This Court is of the opinion that at this stage, the petitioner no longer deserves to be detained in custody.

9) He shall be released on bail of Rs. 20,000/-, with a surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Nalbari.

10) With the above observation, this I.A. stands disposed of.

JUDGE

Comparing Assistant