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[Cheating Case] Non-Compliance Of Section 41A CrPC Would Entitle Accused To Be Released On Bail: Gauhati High Court

Bhavya Singh

23 Feb 2023 7:15 AM GMT

    • [Cheating Case] Non-Compliance Of Section 41A CrPC Would Entitle Accused To Be Released On Bail: Gauhati High Court

    The Gauhati High Court has held that if the police does not comply with the provisions of Section 41A CrPC in appropriate cases, the person arrested would be entitled to be released on bail.The present bail application was filed Section 439 CrPC in respect of a case registered under Sections 420 and 408 of the IPC against the petitioner who was physically handed over to police. It was...

    The Gauhati High Court has held that if the police does not comply with the provisions of Section 41A CrPC in appropriate cases, the person arrested would be entitled to be released on bail.

    The present bail application was filed Section 439 CrPC in respect of a case registered under Sections 420 and 408 of the IPC against the petitioner who was physically handed over to police. It was alleged that the Petitioner, an employee of Flipkart's delivery partner Instakart Services, misappropriated more than twenty lakhs rupees belonging to the company.
    Citing Arnesh Kumar v. State of Bihar, reported in (2014) 8 SCC 273, Petitioner’s advocate submitted that in this case, notice of appearance under Section 41A CrPC should have been served upon the accused.
    Further citing Satender Kumar Antil v. Central Bureau Investigation and Anr. reported in (2022) 10 SCC 81, he argued that the Supreme Court has held that non-compliance of Section 41 and 41A of the CrPC would entitle the accused for grant of bail.
    It may be useful to mention here that no notice under Section 41A CrPC was served upon the petitioner.
    Justice Parthivjyoti Saikia, while disposing off the application of the petitioner, ordered as follows “After perusal of the case diary, I find that simply on an allegation made by the complainant, the petitioner was thrown behind the bars. Therefore, for non-compliance of the provisions of Section 41A of the CrPC, the petitioner is entitled to be released on bail.”
    Case Title: DEEP JYOTI NATH VERSUS THE STATE OF ASSAM Case No. : Bail Appln./480/2023
    Citation: 2023 LiveLaw (Gau) 30
    Tags
    Gauhati High CourtJustice Parthivjyoti SaikiaSection 41A CrPCArnesh Kumar v State of Bihar
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