The Gauhati High Court allowed a bail application filed by David Messar on behalf of his client Tasi Messar. The accused faces a Vigilance case regarding road construction irregularities and is currently at large awaiting prosecution sanction.
Enlargement on bail on bond of Rs. 1,00,000/- with one 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.
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GAHC040004922022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : BA 43/2022
1:David Messar S/o Tasi Messar, R/o Pangin Village, PO/PS Pangin, Siang District, Arunachal Pradesh.
VERSUS 1:THE STATE OF AP Represented by the Special Public Prosecutor (SIC)
Advocate for the Petitioner : Nalo Pada
Advocate for the Respondent : O. Pada, Standing counsel SIC (Vig.)
BEFORE
HONBLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 28-04-2022
Heard Mr. N. Pada, learned counsel for the accused and also heard Mr. O. Pada, learned Standing counsel SIC (Vigilance).
This successive bail application, under Section 439 Cr.P.C. has been preferred by the applicant, namely, Shri David Messar for grant of bail to the accused, namely, Shri Tasi Messar who has been languishing in jail hazot since 11.03.2022 in connection with SIC
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(Vigilance) P.S. Case No.01/2021 arising out of complaint dated 13.01.2020 lodged by Tapun Taki and 2 Others.
The allegations against the accused is that while he was working as Executive Engineer at RWD, Pangin Sub-Division, construction of road from Komsing to Sissen under PMGSY project was executed and a sum of Rs.35,57,34,150/- (Thirty Five Crore fifty seven lakh thirty four thousand one hundred fifty only) was sanctioned for construction of 40.35 Km vide package No. AIR/04/02/033 and the said work was executed by the Officer of RWD, Kaying Division, Pangin Sub-Division, in collision of M/s Ragiaku Enterprises with non-adherence to specification in DPR in a sub-standard manner and out of total length of 40.35 Km, who ought to have been constructed, the contractor has constructed only 33.3 KM and there is shortage of 7.5 Km.
Mr. N. Pada, learned counsel for the accused submits that 2 co-accused have already been enlarged on bail by this Court and that the wife of the accused has been suffering from rheumatism and she has been referred to CMCH Vellore for management and treatment vide referral letter, dated 14.03.2022 of the TRIHMS, Naharlagun. Mr. Pada, learned counsel for the accused further submits that the accused is only the male member of his family so as to take his wife to the CMCH Vellore for treatment. Mr. Pada, therefore, contended to grant bail to the accused.
On the other hand, Mr. O. Pada, learned Standing counsel SIC (Vigilance), producing the Case Diary before this Court submits, that
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investigation of this case has already been completed and the case is pending for prosecution sanction and Charge-Sheet will be submitted immediately after receipt of the prosecution sanction. Since investigation has already been completed, the question hampering or tampering with the prosecution witness does not arise. He is behind the bar since 11.03.2022.
In view of the above and also in view of the submission advanced by the learned Advocates of both sides and also considering the fact that 2 co-accused has already been enlarged on bail vide orders, dated 06.04.2022 in BA No.20 (AP) 2022, and 25.04.2022 in BA No.42 (AP) 2022, this Court is inclined to accept the bail petition and accordingly, it is provided that the accused, namely, Shri Tasi Messar be enlarged on bail on his executing a bond of Rs.1,00,000/- with one surety of like amount to the satisfaction of the learned Special Judge (PCA), Yupia.
The Case Diary be returned, forthwith.
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused pending prosecution sanction after investigation completion.
1 provisions across 1 enactments
David Messar
The State of AP
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
