Gauhati High Court
Amrit Sharma vs The State Of Assam on 20 October, 2020
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/3
GAHC010080412020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1363/2020
1:AMRIT SHARMA
S/O- LT. LAKHI SHARMA, R/O- NALIAPOOL, P.O. AND P.S. DIBRUGARH,
DIST.- DIBRUGARH, ASSAM, PIN- 786001
VERSUS
1:THE STATE OF ASSAM
REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. A KHANIKAR
Advocate for the Respondent : PP, ASSAM
Linked Case : AB 1287/2020
1:PAPUL BARUAH
S/O SRI AMIYA BARUAH
R/O VILL. BALIONI PS AND P.O. GHILAMARA
PIN-787053 DIST. LAKHIMPUR ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PP ASSAM
Advocate for the Petitioner : MR. P HAZARIKA
Advocate for the Respondent : PP ASSAM
Linked Case : AB 1838/2020
1:SITARAM PEGU
S/O- LATE MONIRAM PEGU
R/O- VILL DIRPAI GAON P.O- UKHAMATI
P.S- GOGAMUKH DIST- DHEMAJI ASSAM
Page No.# 2/3
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PP ASSAM
Advocate for the Petitioner : MR. M BISWAS
Advocate for the Respondent : PP ASSAM
Linked Case : AB 1280/2020
1:DIPUL CHAMUAH
S/O- HEM CHANDRA CHAMUAH
R/O- VILL- DIHINGIA GAON P.O- HALLOWDUNGA
P.S- GOGAMUKH DIST- DHEMAJI ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PP ASSAM
Advocate for the Petitioner : MR S DAS
Advocate for the Respondent : PP ASSAM
-BEFORE-
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 20-10-2020 The Court proceedings have been conducted through Video-Conference. This is a common order for these matters.
I have heard Mr. HRA Choudhury, learned senior counsel and Mr. M. Biswas, learned counsel appearing for the petitioners. Also heard Mr. H. Sarma, learned Additional Public Prosecutor appearing for the State of Assam.
The petitioners, namely, (1) Amrit Sharma; (2) Dipul Chamuah; (3) Papul Baruah and (4) Sitaram Pegu, have filed these applications under Section 438 Cr.PC praying for pre- arrest bail in the matter of Ghilamara Police Station Case No.51/2020 registered under Sections 406/408/409/420/34 IPC.
The informant herein is the Chief Executive Officer, Lakhimpur Zilla Parishad. The allegation pertains to irregularities in payment of wages to the beneficiaries of Pradhan Mantri Awaas Yojana-Gramin. The wages of some beneficiaries were misappropriated by Page No.# 3/3 using fake job cards. Complaint was made by 3(three) persons before the informant, on the basis of which the FIR was lodged. It is alleged that altogether wages of 79 beneficiaries were misappropriate. The Gaon Panchayat President had recovered an amount of Rs.2,30,000/- from different persons, who had misappropriated the money. The informant has alleged that Rs.7,25,561/- were misappropriated. The petitioner Dipul Chamuah and 2(two) other persons, namely Nitul Gogoi and Monuram Medok are specifically named as perpetrators of the said offence. The informant has further alleged that the petitioners Sitaram Pegu, Amrit Sharma and Papul Baruah are involved in this case.
Today, I have carefully gone through the Case Diary. There are no incriminating materials against the petitioners Amrit Sharma, Dipul Chamuah and Papul Baruah. I am of the considered opinion that these petitioners do not deserve to be detained in custody. The prayers for their pre-arrest bail are allowed. It is hereby directed that in the event of arrest, these three petitioners shall be released on bail of ` 25,000/- (Rupees Twenty Five Thousand), each, with a surety, each, of the like amount to the satisfaction of the arresting authority. The petitioners are directed to appear before the Investigating Officer within a period of 10(ten) days.
So far as the prayer of Sitaram Pegu is concerned, I find that there are some incriminating materials against him showing his involvement in the offence. In my considered opinion, custodial interrogation will be necessary for his case. Therefore, the pre- arrest bail prayer of Sitaram Pegu is rejected.
The applications are disposed of accordingly.
Return the Case Diary.
JUDGE Comparing Assistant