Police Station granted bail rejection of third successive pre-arrest bail application in a corruption case over duplicate payments under PMAYG scheme where prior rejections found no fresh grounds.
The petition for pre-arrest bail is rejected as it is meritless and involves no fresh grounds to reconsider the prior rejection.
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GAHC010006072019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 89/2019
1:SAFIAR RAHMAN @ SOFIOR RAHMAN
SON OF LATE RAHMAN ALI, RESIDENT OF VILLAGE AND P.O.LAKHIGANJ, POLICE STATION- BILASIPARA, DISTRICT- DHUBRI, ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. P HAZARIKA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 08-02-2019
By this third successive application, filed under Section 438 Cr.PC, the petitioner, Safiar Rahman @ Sofior Rahman has prayed for pre-arrest bail apprehending arrest in connection with Bilasipara P.S. Case No. 1010/2018 under Section 120B/406/409/466/468/471/420 IPC.
Heard Mr. P. Hazarika, learned counsel for the petitioners as well as Mr. N.K. Kalita, learned Additional Public Prosecutor for the state respondent.
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The allegation against the present petitioner and some other officials was that a house under PMAYG scheme was sanctioned in favour of one Sahida Bibi, daughter of Feskar Ali. Pursuant to such allotment, the first installment of money for construction of house was released in favour of the said beneficiary. However, during the release of second installment, it came to the notice of the authority that the money was not paid to the real beneficiary being Sahida Bibi, daughter of Feskar Ali, instead, it was given to another Sahida Bibi, wife of Awal Haque. Though as per the beneficiary list, she was also a prospective beneficiary, but till then no house was allotted in her name and therefore the money allotted in favour of Sahida Bibi, daughter of Feskar Ali was illegally paid to an unauthorized person, whereby the real beneficiary was deprived. The department conducted an in-house enquiry into the matter, which revealed that such illegal disbursement and payment of money allotted in favour of Sahida Bibi, daughter of Feskar Ali was done by manipulating the official record. Some other officers including the present petitioner were held to be involved in such illegal activities of wrongful disbursement of money by manipulating official record.
This court has considered the merit of the case twice and did not find this to be a fit case for granting pre-arrest bail. Mr. P. Hazarika, learned counsel for the petitioner referring to a list of beneficiaries submits, that the list of beneficiary was prepared by Ministry of Rural Development and the petitioner had nothing to do with such list of beneficiaries. The issue involved in the instant case was not with regard to the list of beneficiaries. The allegation was that of illegal transfer of money to a person depriving the real beneficiary. Except the said list, I do not find any compelling or fresh cogent ground to re-consider the prayer for pre-arrest bail.
Since the pre-arrest bail prayer of the petitioner was rejected twice on merit and the present petition does not appear to have demonstrated any compelling or cogent fresh ground for entitling the petitioner to pre-arrest bail, I find this petition for pre-arrest bail meritless and accordingly stands rejected.
Bail application is disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail given the allegations of misappropriation of funds under PMAYG scheme and the existence of fresh grounds.
If the fact that the beneficiary list came from the Ministry of Rural Development absolves the petitioner of involvement in the illegal release of instalments.
Whether the applicant can secure pre-arrest bail despite having two prior grants on merit being rejected.
1 provisions across 1 enactments
SAFIAR RAHMAN @ SOFIOR RAHMAN
THE STATE OF ASSAM REP. BY PP, ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
