2023 (2) TMI 1406 - HC - Indian Laws

Seeking grant of bail - service of notice under Section 41A of the CrPC upon the accused - misappropriation of more than twenty lakhs rupees belonging to the company - HELD THAT - Referring to Arnesh Kumar v. State of Bihar 2014 (7) TMI 1143 - SUPREME COURT it is submitted that in this case notice under Section 41A of the CrPC should have been served upon the accused. In Satender Kumar Antil v. Central Bureau Investigation and Anr. 2022 (8) TMI 152 - SUPREME COURT the Supreme Court has held that non-compliance of Section 41 and 41A of the CrPC would entitle the accused for grant of bail. In the case in hand the petitioner was handed over to police by the informant and no notice under Section 41A CrPC was served upon him. After perusal of the case diary it is found 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. The petitioner Deep Jyoti Nath is allowed to go on bail of Rs. 25, 000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate Kamrup(M) Assam - Bail application allowed.

Summary

The Gauhati High Court, through Hon'ble Justice Parthivjyoti Saikia, granted bail to the petitioner under Section 439 CrPC in Dispur P.S. Case No. 177/2023, involving alleged misappropriation under Sections 420 and 408 IPC. The petitioner, an employee accused of misappropriating over twenty lakhs rupees, was handed over to police without issuance of a notice under Section 41A CrPC. Relying on Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 and Satender Kumar Antil v. CBI (2022) 10 SCC 81, the Court emphasized that non-compliance with Sections 41 and 41A CrPC entitles the accused to bail. The Court observed that "simply on an allegation made by the complainant, the petitioner was thrown behind the bars," and held that such procedural lapses warranted bail. The petitioner was released on bail of Rs. 25,000 with a like surety, subject to the satisfaction of the learned Chief Judicial Magistrate. The bail application was accordingly disposed of.