This is an anticipatory bail application under Section 438 CrPC. The High Court found that no misappropriation occurred and the disputed amount can be corrected in the official record without custodial detention. The interim bail was made absolute.
The interim anticipatory bail granted earlier is made absolute and the application is disposed of.
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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GAHC010067222020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1025/2020
SATTAR ALI
S/O MD. JAYNAL ABEDIN, R/O VILLAGE NO. 1, BAGIDWARA, P.O. AND P.S. PANBARI, DIST. CHIRANG, ASSAM.
VERSUS
THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S BHUYAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
10.11.2020
By this application under Section 438 CrPC, petitioner, namely, Sattar Ali, has sought for prearrest bail in the event of his arrest in connection with Panbari PS Case No. 17/2020 (GR Case No. 54/2020) under Sections 120 B/420/406/409 IPC.
Heard Mr S Bhuyan, learned counsel for the petitioner and Mr N K Kalita, learned Additional Public Prosecutor for the State of Assam.
Also perused the record and Case Diary.
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So far as the Case Diary is concerned, it reveals that some of the amount against the job card of the informant is also entered in one another lady’s account, namely, Saleha Bibi, who is also a job-card holder and her husband’s name is also Nur Hussain. The statement of the concerned person has been recorded, but nothing reflected that such amount was deposited with a view to gain wrongly by the informant nor there was any misappropriation on his part. The disputed amount is Rs. 15,972/- and the BDO concerned can ascertain the said amount to be paid to the informant by correcting the official record.
Considering all entirety of the matter, it transpires that custodial detention of the accused petitioner is not warranted. Accordingly, the interim bail granted to the petitioner on 21.05.2020, is hereby made absolute.
Anticipatory Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the anticipatory bail application of the petitioner should be allowed considering the nature of the allegations and the facts in the case diary.
Whether custodial detention of the petitioner is warranted in the present case.
2 provisions across 2 enactments
SATTAR ALI
THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
