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PARTHIVJYOTI SAIKIA
Deep Jyoti Nath – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. accusation of misappropriation leading to arrest (Para 2 , 3) |
| 2. non-compliance with section 41a of cr.p.c. impacts bail (Para 4 , 5) |
| 3. petitioner's entitlement to bail due to procedural violation (Para 6) |
| 4. granting of bail and disposal of application (Para 7 , 8 , 9) |
ORDER :
1. Heard Mr. A. Goyal, the learned counsel appearing for the petitioner. Also heard Mr. D. Das, learned Addl. Public Prosecutor, Assam representing the State.
2. This is an application under Section 439 of the Cr.P.C. in respect of Dispur P.S. Case No. 177/2023 registered under Sections 420 and 408 of the IPC.
3. The petitioner is an employee Instakart Services Pvt. Ltd. He allegedly misappropriated more than twenty lakhs rupees belonging to the company. Therefore, he was physically handed over to police. The case is registered under Sections 420 and 408 of the IPC.
4. Referring to Arnesh Kumar v. State of Bihar , 2014 (8) SCC 273 , Mr. Goyal submits that in this case, notice under Section 41 A of the Cr.P.C. should have been served upon the accused. In Satender Kumar Antil v. Central Bureau Investigation and Anr. 2022 (10) SCC 81, the Supreme Court has held that non-compliance of Section 41 an
Anticipatory bail – Accused cannot seek anticipatory bail for alleged violation of procedure under Section 41-A of Cr.P.C.
The main legal point established in the judgment is the requirement for the police to follow the prescribed procedure under Section 41-A Cr.P.C. and the guidelines formulated by the Supreme Court in ....
Non-compliance of Section 41(A) Cr.P.C and the Court's power to grant liberty to file regular bail application.
Non-compliance of Section 41(1)(a) of the Cr.P.C. and the issuance of notice under Section 41A Cr.P.C. would amount to contempt committed by the concerned Police Officer and would justify the release....
Arrest – Non-service of mandatory Section 41A notice may vitiate arrest.
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