This order confirms the interim bail of the petitioner in a criminal matter, holding that custodial detention is no longer required as the investigation is almost completed and alleged misappropriation is disputed.
Interim bail granted earlier was made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010193342019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2673/2019
1:BENU CHAMUAH AND 2 ORS.
S/O LT. INDRA CHAMUAH, R/O WARD NO. 01, DHEMAJI TOWN, P.S. AND DIST-DHEMAJI, ASSAM
2: NIPU SARMAH S/O TARUN SARMAH VILL-KUCHGAON P.O.-BORDOLONI DIST-DHEMAJI ASSAM
3: MANJULA PHUKAN BORAH W/O BALIN BORAH VILL-BAHAKATIKA P.O.-BORDOLONI DIST-DHEMAJI ASSA VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR D K BHATTACHARYYA
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 10-09-2019
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, Assam.
Today case diary has been produced and the learned Additional Public Prosecutor has also submitted that as alleged in the FIR there appears no matter of misappropriation as the house in question has already been allotted to one Parag Gogoi i.e. the brother-in-law of the informant under the proceeding of the Bordoloni Gaon Panchayat under PMAY scheme on 26.06.2016.
On perusal of the materials on record it appears that custodial detention of the accused petitioner is not required as investigation is almost completed. The interim bail granted earlier to the petitioner is hereby made absolute.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the custodial detention of the petitioner is required given the near-completion of investigation.
Whether the interim bail granted earlier to the petitioner shall be confirmed as absolute bail.
Benu Chamuah and 2 Ors.
The State of Assam Represented by the Public Prosecutor, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
