In a bail application filed under Section 439 CrPC, the Gauhati High Court rejected the plea of the accused, who was charge-sheeted in a corruption case regarding examination paper leakage. The court held that the serious nature of the offence precluded bail despite the custody duration.
Bail application 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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GAHC040003572023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : BA 31/2023
1:Olik Jomang D/o Shri Talung, Presently posted as Fishery Officer, Tezu, Lohit District, Arunachal Pradesh.
VERSUS
1:The Central Bureau of Investigation Through its Public Prosecutor (SC)
Advocate for the Petitioner : Dicky Panging, D Tamuk, M Doji, D Lano, K Ado
Advocate for the Respondent : Marto Kato, SC (CBI)
BEFORE
HONBLE MR. JUSTICE NANI TAGIA
ORDER
Date : 04-04-2023
Heard Mr. Dicky Panging, learned counsel for the petitioner. Also heard Mr. M. Kato, learned Standing counsel, for the Central Bureau of Investigation (CBI).
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120(B)/406/409/420 IPC, read with Sections 7/8/13(2) of the Prevention of Corruption Act, 1988, on 30.09.2022.
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Binam Jomang. The accused Taket Jerang was given sealed envelope having manuscripts of question papers of Assistant Engineer(Civil) Examination, 2022, for giving the same to the authorized representative of the Printing Press. During this process, the accused Taket Jerang opened the sealed envelope, took out the manuscripts of the question papers of Assistant Engineer(Civil) Examination, 2022, and made the photo copy of the same. Thereafter, he kept the manuscript again in the envelope and re-sealed it. In furtherance of the conspiracy, the accused Taket Jerang handed over the copy of the manuscripts of the Assistant Engineer(Civil) Examination, 2022, to the accused Talung Jomang.
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Panor, and Ajit Lakin, who were examined, had stated that Rs. 5 Lakhs from Talo Panor and Rs. 10 Lakhs from Ajit Lakin, was taken on loan by the accused Sri Talong Jomang. During the same time, the accused Talong Jamong had taken a loan of Rs. 20 Lakhs for giving it to accused Taket Jerang.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the accused is entitled to bail granted under Section 439 CrPC in a serious corruption case involving examination leakage.
Whether the nature and gravity of the offence outweigh the duration of the accused's custody for the purpose of granting bail.
3 provisions across 3 enactments
Olik Jomang D/o Shri Talung
The Central Bureau of Investigation
Nani Tagia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
