The Gauhati High Court allowed bail to the petitioner, secretary of a Gaon Panchayat, accused of misappropriating funds under IPC 406/409. Considering 78 days of detention, further custody was deemed unnecessary.
Petitioner enlarged on bail of Rs. 20,000 with one suitable surety of like amount.
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.
Page No.# 1/2
GAHC010011322020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 192/2020
1:TULA RAM DEKA
S/O- LATE JANA RAM DEKA, VILL- DAHACHUBURI, P.S- MANGALADAI, DIST- DARRANG, ASSAM, PIN- 784125
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 27-02-2020
This application under Section 439 Cr.PC, has been filed praying for bail of the petitioner, namely, Tula Ram Deka, who is in detention in connection with Sipajhar PS Case No. 946/2019 under Section 406/409 IPC.
Heard Mr. Azad Ahmed, learned counsel for the petitioner and Mr. T.K. Misra, learned Addl. P.P. for the respondent.
The allegation made in the FIR is that the petitioner, who happens to be the
Page No.# 2/2
Secretary of Gaon Panchayat has misappropriated an amount of Rs. 21 lakhs out of the 14th Finance Commission.
Learned counsel for the petitioner submits that the allegation made in the FIR is not correct as the entire amount of 14th Finance Commission, as mentioned in the FIR has not yet been spent.
Perused the case diary produced today.
The petitioner has been in custody for 78 days.
Having considered the progress of investigation and the length of detention, further custodial detention of the petitioner is not considered necessary. Accordingly, the petitioner is allowed to be enlarged on bail of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the learned CJM, Darrang, Mangaldoi, subject, of course, to the following conditions:
Bail application is disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner can enlarge on bail given 78 days of detention and investigation progress.
Whether further custody is necessary for the accused secretary of Gaon Panchayat accused of misappropriation.
3 provisions across 3 enactments
Tula Ram Deka
The State of Assam Rep. by the PP, Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
