The Gauhati High Court disposed of an anticipatory bail application filed by two accused facing charges of misappropriation and cheating. The court considered the petitioner's role as a Zila Parishad chairman and submitted inconsistencies in the FIR before granting bail.
Order dated 21.03.2023 made absolute granting anticipatory bail.
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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GAHC010060032023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1041/2023
ASHADUR RAHMAN AND ANR S/O LATE HAZRAT ALI R/O VILL-JAGIR MOHAL PART-III P.S. BILASIPARA DIST. DHUBRI, ASSAM
2: ABDUR REZZAK SHEIKH S/O LT. ALAHI SHEIKH R/O VILL- BANIAMARI PART-V
P.S. GAURIPUR DIST. DHUBRI ASSA
VERSUS
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 MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 21-06-2023
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1. Heard learned Senior Counsel Mr. H.R.A. Choudhury for the petitioners assisted by Mr. I.U. Chowdhury and Mr. R.J. Baruah, learned Addl. P.P., Assam.
2. The petitioners, namely, [1] Ashadur Rahman and [2] Abdur Rezzak Sheikh together have filed an application u/s 438 Cr.PC with prayer of pre-arrest bail as they are apprehending arrest in connection with Dhubri Police Station Case No. 147/2023 under Sections 120(B)/420/406/409/468/471/506 IPC.
3. I have considered the submissions at the bar with circumspection. I have also perused the Case Diary.
4. The FIR is lodged by Sri Nipan Roy, A Junior Assistant against the petitioners. The petitioner no. 1 is the Chairman of Zila Parishad and the petitioner no. 2 was an Ex-member of Dhubri Zila Parishad. It is submitted on behalf of the petitioners that the allegations have been made by Junior Assistant pertaining two years of misappropriation of funds for their personal gain without information to the informant, who is a Junior Assistant. The office furnitures have been taken away by allegedly by the petitioners for their personal use as well. There is an allegation of the using petrol for the official vehicle despite objections by the informant. On the contrary, it is submitted that the CEO has lodged the complaint against Nipan Roy, who has suggested for his suspension due to the anomalies committed by him. An FIR was also lodged against the informant. The copies of the letter of the CEO as well as the FIR lodged by the CEO against the informant, will form a part of the record. It is also submitted that the petitioner no. 1 had suggested to call for a meeting vide letter dated 24.02.2023 to discuss about the anomalies committed by the informant and thereafter, immediately on 26.02.2023, the present FIR was lodged against him. No case under Sections 420/406/409/468/471 IPC can be made out from the contents of the FIR.
5. The petitioners have appeared before the IO and their statements have been recorded.
6. In view of my foregoing discussions and considering all aspects, the order dated 21.03.2023 is hereby made absolute.
Send back the Case Diary.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether anticipatory bail under Section 438 Cr.PC should be granted to the petitioners.
Whether the allegations in the FIR amount to a cognizable offense warranting arrest.
Whether the balance of convenience and irreparable loss favor the grant of bail.
1 provisions across 1 enactments
Ashadur Rahman
Abdur Rezzak Sheikh
State of Assam
Susmita Phukan Khaund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
