Allowed

Sidananda Kaman v. the State of Assam

Gauhati HC7 Feb 2018AB/62/2018

Case brief

AI extract

What is this about?

The Gauhati High Court converted interim bail into absolute bail for the petitioner accused of cheating and criminal breach of trust, directing him to cooperate with the investigation as investigation officer could not yet collect documentary evidence.

What did the court decide?

Interim bail granted by order dated 10.1.2018 made absolute; petitioner directed to report to IO, cooperate with investigation and produce documents.

Sidananda Kaman Vs the State of Assam — Bail and Remand | Gauhati HC (2018)

¶1

Page No.# 1/3

¶2

GAHC010003432018

¶3

THE GAUHATI HIGH COURT

¶4

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

¶5

Case No. : AB 62/2018

¶6

SIDANANDA KAMAN

¶7

S/O. SRI CHANDRA KUMAR KAMAN, R/O. AHUCHAUL GAON, NORTH LAKHIMPUR, WARD NO.3, P.O. NORTH LAKHIMPUR, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM

¶8

VERSUS

¶9

THE STATE OF ASSAM

¶10

Advocate for the Petitioner : MR. M CHOUDHURY

¶11

Advocate for the Respondent : PP, ASSAM

¶12

BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

¶13

JUDGMENT

¶14

Date : 07-02-2018

¶15

By this application under Section 438 of the CrPC accused petitioner Sidananda Kaman sought pre-arrest bail in connection with North Lakhimpur PS case 1535/2017 u/s 420/409 of the IPC.

¶16

Heard Mr M Choudhury, learned counsel for the petitioner as also Mr NK Kalita, learned additional public prosecutor for the State.

¶17

Petitioner is on the committee formed to set up the Murung Okum Missing

¶18

Page No.# 2/3

¶19

Traditional Cultural Community Complex at North Lakhimpur district. A complaint was lodged by one RTI activist with the Deputy Commissioner of North Lakhimpur to say that there are anomalies in implementing the complex by the officer concerned. An inquiry was conducted by the ADC, whose report was annexed to the complaint. The ADC forwarded the report to the officer-in-charge concerned for registration of a criminal caase.

¶20

Perused case diary. The inquiry report(annexure 3) reveals that petitioner is one of the members of the construction committee to set up the complex.

¶21

Learned counsel for petitioner submits that the inquiry report reveals that 70% of the work has been completed as per the work estimate as against the first installment of Rs 8 lakh, and the remaining work is pending. The only thing reported is that in the original estimate, Assam-type building is proposed but RCC building is being built as per the work estimate. However, technical sanction is accorded to the work estimate. The second installment of Rs 7 lakh has not been released so far. During the inquiry it has been found that earth filling was not done as per the work estimate which reveals that there may be some irregularities in earth filling. The inquiry report, however, does not speak of any amount sanctioned for earth filling is misappropriated by the members of the committee.

¶22

Even if we go by the record the petitioner is one of the members on the committee and the responsibility has to be fixed on the committee as a whole, or to be fixed appropriate responsibility. No direct evidence has been collected so far so as to suggest complicity of petitioner. No specific documents etc are seized to suggest his complicity. It is submitted that petitioner is ready to cooperate with investigation

¶23

Page No.# 3/3

¶24

producing all relevant documents.

¶25

Taking into account all above and the fact that the investigating officer cannot still collect documentary evidence during the investigation, the interim bail granted to petitioner by order dated 10.1.2018 is made absolute with direction to report to the IO as and when required and cooperate with him producing all relevant documents as sought till completion of the investigation. Accordingly the petition is disposed of. Return the case diary.

¶26

JUDGE

¶27

Na/

¶28

Comparing Assistant

Sidananda Kaman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sidananda Kaman v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rabi Kumar Bose Vs the State of Assam

Findai Handique @ Hema Handique Vs the State of Assam

Sekandar Ali Vs the State of Assam

Bhupen Barman Vs the State of Assam

Dilip Kumar Basak Vs the State of Assam

Simantabijoy Srikumar Vs the State of Assam