Bhabadev Mahanta applied for pre-arrest bail under Section 438 CrPC regarding charges of cheating and forgery. The court rejected the petition after observing that evidence indicated the petitioner forged a sanction order signed by the Chief Minister for illegal gain.
Plus production of case diary, applicant is ordered to be detained.
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GAHC010175992021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3456/2021
BHABADEV MAHANTA
S/O- LATE RAGHURAM MAHANTA, R/O- VILL. NO. 1 FASHIA, HARISINGA UNDER PANERI P.S., DIST.- UDALGURI BTR, ASSAM.
VERSUS
THE STATE OF ASSAM REP. BY THE P.P., ASSAM
Advocate for the Petitioner : MR D TALUKDAR
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
02.11.2021.
By filing this petition under Section 438 of the CrPC, petitioner Bhabadev Mahanta has sought for pre-arrest bail in connection with Chandmari P.S. Case No.633/2021, under Sections 420/468/471 of the IPC.
Heard learned counsel for both sides and perused the record and the case diary.
The evidence so far collected reveals that it was the accused/petitioner, who produced the
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aforesaid sanction order, bearing the signature of Chief Minister, which is apparently stated to be false one, by the Chief Minister’s office.
The work order which was not allotted to him, is directed to be given to the petitioner, in the aforesaid order. Using of such document by the petitioner is obviously for his illegal gain and his subsequent challenge to the work order issued to other person by way of Writ Petition (C) No.2924/2021, is of no consequence, as has been contended by the petitioner.
Considering all entirety, the pre-arrest bail petition stands rejected.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the pre-arrest bail application filed under Section 438 CrPC granting protection against arrest in the present case, deserves to be allowed?
1 provisions across 1 enactments
BHABADEV MAHANTA
THE STATE OF ASSAM REP, BY THE P.P., ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
