Gauhati High Court
Ruhul Amin vs The State Of Assam on 22 April, 2020
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/2
GAHC010046422020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 726/2020
1:RUHUL AMIN
S/O- LATE ABDUL MALEQUE, R/O- VILL.- DHEKENABARI, P.S.
CHHAYGAON, DIST.- KAMRUP(R), ASSAM.
VERSUS
1:THE STATE OF ASSAM
REP. BY P.P., ASSAM.
Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 22.04.2020 Heard the learned counsel Mr. J. Ahmed. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor.
The petitioner Ruhul Amin aged about 45 years old and being the headmaster of Simina Anchalik High School has prayed for an order under section 438 Cr.P.C in connection with Palashbari P.S. Case No.82/2020, a case under section 420/406/468 of the Indian Penal Code.
The president and two other members of the Managing Committee of the aforesaid school have lodged an FIR before the police stating that one part of the land belonging to the Page No.# 2/2 school was acquired by the State and a compensation amount of Rs.44,18,096/- was paid to the school. These three informants have alleged that the petitioner, being the headmaster of the school did not deposit the money in the school account and he had illegally deposited the money in his own bank account.
The learned counsel for the petitioner has submitted some documents showing that the money was infact deposited in the school account, not in his bank account.
The learned Additional Public Prosecutor Mr. Gogoi has submitted that the Case Diary has some incriminating materials against the petitioner. The learned counsel for the petitioner, on the other hand, has submitted that the petitioner wants to make a statement before the police which might reveal the actual facts of the case and therefore, the petitioner prayed that till he makes statement before the police, he may be given interim protection.
I have given my anxious consideration to the matter. I have decided to agree with the petitioner. Accordingly, this Court is of the opinion that the petitioner deserves an interim protection till he gives statement before police under section 161 Cr.P.C. Therefore, it is hereby directed that till the petitioner gives a statement under section 161 Cr.P.C, he is given the interim protection.
Accordingly, it is hereby directed that in the event of arrest before making the statement before police, the petitioner Ruhul Amin shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the arresting authority.
The bail application is kept in abeyance till 20.05.2020.
JUDGE Comparing Assistant