Allowed

Lipongla v. the State of Nagaland

Gauhati HC11 Nov 2019AB/7/2019

Case brief

AI extract

What is this about?

This is a bail application under Section 438 CrPC seeking pre-arrest bail. The petitioner faced allegations of fraud and forgery. The court made the interim bail order absolute, noting that the charge sheet was already filed and the case appears to rely on documentary evidence. No dates or place names included.

What did the court decide?

The order of interim pre-arrest bail dated 01.11.2019 is made absolute, requiring the petitioner to appear before the trial court as asked.

Lipongla Vs the State of Nagaland — Cheating and Forgery | Gauhati HC (2019)

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Page No.# 1/2

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GAHC020005202019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH

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Case No. : AB 7/2019

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1:LIPONGLA W/O SHRI. MEYIBA, R/O P.R. HILL COLONY, KOHIMA, N/L

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VERSUS

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1:THE STATE OF NAGALAND KOHIMA, N/L

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Advocate for the Petitioner : H MUKAM

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Advocate for the Respondent : GOVT ADV NL

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BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 11-11-2019

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Heard Mr. Kielie, learned counsel appearing for the petitioner and Ms. V. Suokhrie, learned Public Prosecutor appearing for the State of Nagaland.

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This is an application under Section 438, CrPC 1973, seeking pre arrest bail by the petitioner, Smti Lipongla apprehending arrest in connection with the State Crime Police Station PHQ Case No.01/2019 under section 409/420/467/468/469/471/120 B.

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The petitioner is presently serving as Assistant Teacher under the

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Page No.# 2/2 Directorate of School Education, Nagaland. The allegation against the petitioner is that she had claimed an amount of Rs.6,99,300/- as Medical Reimbursement by submitting forged medical reimbursement bill before the Principal Director, Health & Family Welfare Department.

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This Court by order dated 01.11.2019 while directing the learned Public prosecutor to obtain the relevant records had provided interim prearrest bail to the effect that in the event of her arrest in connection with Crime Police Station PHQ Case No.01/2019, the arresting authority shall release her on bail on furnishing PR bond of Rs.30,000/- with surety of the like amount.

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Ms. V. Suokhrie, learned Public Prosecutor has submitted that the records as called for, for have been received and from the records, it is reflected that the concerned I.O. has already submitted the charge-sheet in the case on 01.09.2019 finding a prima facie case against the petitioner and therefore, it appears that the investigation of the case has already been completed.

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As the charge-sheet has already been submitted against the petitioner, this Court is of the view that there is no requirement for custodial detention of the petitioner and all the necessary materials sought to be collected against the petitioner appears to have been collected for trial. Furthermore, the case appears to be based on documentary evidence.

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In view of the same, the earlier order of interim pre-arrest bail dated 01.11.2019 is hereby made absolute with the condition that the petitioner shall appear before the trial Court as and when she is asked to appear before the trial Court.

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The bail application is disposed of in terms of the above.

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JUDGE

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Comparing Assistant

Lipongla v. the State of Nagaland

Case brief

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Lipongla v. the State of Nagaland

Case brief

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