Smt. Paromita Purkayastha and Anr v. Bijoy Nunia and 2 Ors

ORDER

07.02.2023

This is a common order for these two items. By AB No. 1129/2022, the petitioners Bijoy Nunia and Smti. Purnima Nunia have prayed for pre-arrest bail under section 438 CrPC and they were given interim bail on 10.05.2022. By IA (Crl.) 490/2022, the applicants Smti. Paromita Purkayastha and Smti. Babita Debroy have prayed for cancellation of the said interim bail. Heard the learned counsels Mr. S C Biswas as well as Ms. P. Goswami. Four persons, namely, Smti. Paromita Purkayastha, Smti. Babita Debroy, Arghya Kamal Kar and Jaba Deb have alleged in the FIR that the petitioner Bijoy Nunia had taken particular amounts of money from them and sold plots of land to them. Sale Deeds are also executed. Later on, the informants came to know that Bijoy Nunia had already sold those plots of land to somebody else. The Case Diary reveals a different story. It has been mentioned in the Case Diary that after purchasing plots of lands, the informants came to know that there is no road connection to the said plots of lands and therefore, the informants demanded return of the money. Now, Bijoy Nunia is ready to return the money to the informants. He is ready to return the price as mentioned in the Sale Deeds. The informants have claimed that they actually paid a much higher price than it is shown in the Sale Deeds. So, they demanded the entire amount. I have given my anxious consideration to the submissions made by the learned counsels for both sides. I find that no criminal case is made out against Bijoy Nunia and his wife Purnima Page No.# 4/4 Nunia. They do not deserve to be detained in custody in this case. Therefore, their pre-arrest bail application is allowed. The interim order dated 10.05.2022 is made absolute. Without much deliberation, the prayer for cancellation of interim bail made by the informants is also rejected. Both the matters are disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010175322022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/490/2022 SMT. PAROMITA PURKAYASTHA AND ANR. W/O SRI ASHOK BIJOY PURKAYASTHA, R/O HOUSE NO. 17, PRINCE LANE SONAI ROAD, SILCHAR, PIN-788006, P.S.-SILCHAR, DIST-CACHAR 2: SMT. BABITA DEB ROY C/O SRI TAPAN KANTI CHANDRA R/O MAHAPRABHU COLONY MALUGRAM SILCHAR PIN-788002 SILCHAR DIST-CACHA VERSUS BIJOY NUNIA AND 2 ORS S/O LATE RAMPRASAD NUNIA, R/O BASHTILLA, SILCHAR, P.S. SILCHAR, DIST. CACHAR, ASSAM 2:SMT. PURNIMA NUNIA W/O SRI BIJOY NUNIA R/O BASHTILLA SILCHAR P.S. SILCHAR DIST. CACHAR ASSAM 3:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSA Advocate for the Petitioner : MS N SAIKIA Advocate for the Respondent : MR. S C BISWAS Page No.# 2/4 Linked Case : AB/1229/2022 BIJOY NUNIA AND ANR. S/O LATE RAMPRASAD NUNIA R/O BASHTILLA SILCHAR P.S. SILCHAR DIST. CACHAR ASSAM 2: SMT. PURNIMA NUNIA W/O SRI BIJOY NUNIA R/O BASHTILLA SILCHAR P.S. SILCHAR DIST. CACHAR ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. S C BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA