Rejected the petitioner's second pre-arrest bail application. The court found sufficient incriminating materials in the case diary regarding misappropriation of public funds under the MGNREGA scheme, deeming it not a fit case for bail.
Pre-arrest bail application rejected; the matter of bail has been dismissed.
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GAHC010277212018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3887/2018
1:SUBHASH THOUSEN
S/O LATE BHAKTA THAUSEN, R/O VILLAGE NABHANGA, PO JUGIJAN, PS HOJAI, DIST. HOJAI, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR B CHANDA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
09-01-2019
Heard Mr. B. Chanda, learned counsel for the petitioner and Mr. N. K. Kalita, learned Additional Public Prosecutor for the State.
By this application under Section 438 CrPC, the petitioner, namely, Sri Subhash Thousan has prayed for his pre arrest bail in Hojai Police Station Case No.488/2016 corresponding to G.R. No.1868/2016 registered under Section 294/406/420/468/506/34 of the IPC.
Petitioner earlier preferred a bail application being AB No.1080/2018 seeking anticipatory bail in said Hojai P.S. Case No.489/2016 which on perusal of the case diary, was
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rejected by this Court vide order dated 19.11.2018.
This is petitioner’s second pre arrest bail application in said Hojai P.S. Case No.489/2016.
Perused the up-to-date case diary produced today by Mr. N. K. Kalita, learned Additional Public Prosecutor, Assam.
Case diary and the statement of the witnesses so far recorded by the concerned Investigating Officer of the case reveals sufficient incriminating materials against the petitioner, President of Rajbari Gaon Panchayat with regard to his involvement in misappropriation of huge amount of public money that were withdrawn by him, that were meant for the beneficiaries under the MGNREGA scheme.
Finding sufficient incriminating materials against the petitioner in the case diary, this Court is of the opinion that it is not a fit case to grant pre arrest bail to the petitioner in said Hojai P.S. Case No.488/2016 and accordingly this pre arrest bail application of the petitioner stands rejected.
Return the case diary.
Comparing Assistant
1 issue framed by the court
Whether the petitioner deserves anticipatory bail in a case involving misappropriation of public money under the MGNREGA scheme?
2 provisions across 2 enactments
SUBHASH THOUSEN
THE STATE OF ASSAM
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
