Petitioners sought pre-arrest bail under Section 438 CrPC for alleged misappropriation under Section 406 IPC. Since the misappropriated amount had already been deposited, the Court held custodial interrogation unwarranted and made interim bail absolute.
Interim bail granted to petitioners is made absolute; Case Diary to be returned.
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GAHC010098202021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1821/2021
PRAMOD HALOI AND 6 ORS.
S/O LATE RADHARAM HALOI, R/O AKASHI NAGAR, BAMUNIMAIDAM, P.O. BAMUNIMAIDAM, P.S. CHANDMARI, DIST. KAMRUP (M), ASSAM, PIN 781021
2: HIRENDRA KR. DEKA
S/O LATE NANDARAM DEKA R/O ASHINGKHIRI DAIMUNGKHIRI P.O. FATASIL AMBARI DIST. KAMRUP (M) ASSAM PIN 781025
S/O LATE BHABENDRA NATH KALITA R/O NABAGIRI PATH P.O. CHANDMARI P.S. CHANDMARI DIST. KAMRUP (M) ASSAM PIN 781003
S/O LATE DEBADAS MALAKAR R/O GANESH PARA SANATAN NAMGHAR PATH P.O. FATASIL AMBARI P.S. FATASIL AMBARI DIST. KAMRUP (M) ASSAM
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PIN 781025
5: PRABHAT CHANDRA THAKURIA
S/O LATE SARAT CHANDRA THAKURIA R/O PUB BOTAHGHULI NEAR GUWAHATI PUBLIC SCHOOL P.O. PANJABARI P.S. SATGAON DIST. KAMRUP (M) ASSAM PIN 781037
6: MOHAN CHANDRA TALUKDAR
S/O LATE DAYARAM TALUKDAR R/O PUB JYOTINAGAR P.O. BAMUNIMAIDAM P.S. CHANDMARI DIST. KAMRUP (M) ASSAM PIN 781021 7: BHABANANDA DAS S/O LATE BRAJANATH DAS R/O PUB BOTAHGHULI NEAR GUWAHATI PUBLIC SCHOOL P.O. PANJABARI P.S. SATGAON DIST. KAMRUP (M) ASSAM PIN 78103 VERSUS
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : J U AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
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HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 05-01-2022
By filing this petition under Section 438 CrPC, the petitioners, namely- Sri Pramod Haloi, Sri Harendra Kr. Deka, Sri Utpal Kr. Kalita, Sri Pradip Kr. Malakar, Sri Prabhat Chandra Thakuria, Sri Mohan Chandra Talukdar and Sri Bhabananda Das has sought for pre-arrest bail in connection with Chandmari Police Station Case No.211/2021, registered under Section 406 of IPC.
Heard the learned counsel for the petitioner as well as the learned Addl. Public Prosecutor representing the State. Also perused the case diary and the documents annexed thereto.
As per the FIR, the public money of Srimanta Sankardev Sangha Guwahati, Mohanagari Zilla Sakha of which the present petitioner no. 2 and 3 and erstwhile President and Secretary and other members, has misappropriated an amount of Rs. 2,59,500/-. So far as regards the amount, the bank officials testified that the aforesaid amount has already deposited in the name of Srimanta Sakardev Sangha on 13.03.2019, which is also tallied with the statement made by the present petitioners and the documents submitted vide annexure 8.
Accordingly, it reveals that question of misappropriation will not come into play as the amount is already been deposited. That being so, the custodial interrogation of the present petitioners are not warranted.
Accordingly, interim bail granted earlier to the present petitioners is hereby made absolute.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether interim bail should be made absolute given that the misappropriated amount has been returned.
Whether custodial interrogation is warranted when the alleged misappropriated funds are verified as deposited.
2 provisions across 2 enactments
Pramod Haloi and 6 Ors.
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
