Petitioner applied for anticipatory bail regarding accusations of misappropriating Government funds. The court found ample incriminating evidence implicating him and denied the bail prayer.
Prayer for pre-arrest bail under Section 438 CrPC rejected.
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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GAHC010205562022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2969/2022
BURHAN UDDIN S/O LATE ATAR ALI
R/O VILL- DOLIBIL, P.S. RAMKRISHNA NAGAR, DIST. KARIMGANJ, ASSAM
VERSUS
THE STATE OF ASSAM THROUGH THE PP, STATE OF ASSAM
Advocate for the Petitioner : MR. J M A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 28-11-2022
Heard Mr. J.M.A. Choudhury, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
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17.02.2022 and 26.04.2022 respectively, regarding misappropriation of Government fund under 14th Finance Commission by one Sri Pradip Kumar Das, Assistant Statistical Officer, DRDA, Karimganj in his capacity as In-Charge Gaon Panchayat Secretary, Baruala Gaon Panchayat. As per the FIR, the Enquiry Officer’s Reports were duly complemented by one field verification report of the In-Charge Executive Engineer, Karimganj Zilla Parishad.
“4. On a perusal of the case diary, it appears that one of the co-accused, namely, Pradip Kumar Das, Assistant Statistical Officer, who was the then In-Charge Secretary
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of the Baruala Gaon Panchayat is accused of misappropriated/siphoned of Government fund of 14th Finance Commission grant of not less than Rs. 20.00 lakh and as per the investigation carried out so far, the husband of the petitioner, namely, Burhan Uddin, a contractor, is also a co-accused of siphoning of funds without doing any contractual work.”
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to the benefit of anticipatory bail under Section 438 CrPC given ample incriminating materials in the case diary.
Whether the case qualifies as a fit case for extending pre-arrest bail in a corruption matter involving misappropriation of Government funds.
2 provisions across 2 enactments
Burhan Uddin
The State of Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
