Gauhati High Court
Aliya Khanam And 5 Ors vs The State Of Assam on 10 August, 2020
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010297302019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 4324/2019
1:ALIYA KHANAM AND 5 ORS.
W/O ABDUL MOZID PRAMANIK, R/O- GUTIPARA PT-IV, P.S. BILASIPARA,
DIST. DHUBRI, ASSAM.
2: ABDUL MOZID PRAMANIK
S/O LT. SURMAN ALI PRAMANIK
R/O- GUTIPARA PT-IV
P.S. BILASIPARA
DIST. DHUBRI
ASSAM.
3: ABDUR REZZAQUE PRAMANIK @ ABDUR REZZAK PRAMANIK
S/O- LT. SURMAN ALI PRAMANIK
R/O- GUTIPARA PT-IV
P.S. BILASIPARA
DIST. DHUBRI
ASSAM.
4: SONAULLA PRAMANIK
S/O- LT. MOHOR ALI PRAMANIK
R/O- GUTIPARA PT-IV
P.S. BILASIPARA
DIST. DHUBRI
ASSAM.
5: SORHAB PRAMINK @ SORHAB ALI PRAMINK
S/O- LT. ASHAN PRAMANIK
R/O- GUTIPARA PT-IV
P.S. BILASIPARA
DIST. DHUBRI
ASSAM.
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6: HANIF UDDIN PRAMANIK
S/O- LT. JAMAL UDDIN PRAMANIK
R/O- GUTIPARA PT-IV
P.S. BILASIPARA
DIST. DHUBRI
ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR J HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 10-08-2020 Heard Mr. A.R. Karim, learned counsel for the petitioners and Mr. P.P. Barua, learned Public Prosecutor, Assam assisted by Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State.
By this application filed under Section 438 Cr.P.C., the petitioners, namely, (i) Smti. Aliya Khanam, (ii) Abdul Mozid Pramanik,(iii) Abdur Rezzaque Pramanik, (iv) Sonaulla Pramanik
(v) Sorhab Pramink @ Sorhab Ali Pramink and (vi) Hanif Uddin Pramanik, apprehending their arrest, are seeking pre-arrest bail in Bilasipara Police Station Case No. 1198/2019 registered under Sections 420/406 IPC, corresponding to GR Case No. 1890/2019.
The petitioner No. 1 is an Ex-Member of Gutipara Anchalik Gram Panchayat, whereas the petitioner No. 2 is the husband of the petitioner No.1, and the petitioner Nos. 3 to 5 are own relatives of the petitioner No. 2, i.e. in-laws of the petitioner No.1.
As per the FIR of the case dated 11.11.2019 lodged by the informant, the former President of Gutipara Anchalik Gram Panchayat that during the period of 2017-2018, an amount of Rs.
Page No.# 3/4 16,75,328/- was sanctioned for the development of Gutipara Part.II Kabarsthan under the MGNREGA Scheme, where the petitioner No. 1 along with the petitioners Nos. 2 to 5 spent Rs. 3,25,000/- and misappropriated the remaining amount of Rs. 13,50,328/-.
The Block Development Officer, Nayeralga Development Block, Bilashipara on 17.06.2020 under Memo No. NADB-02/PT-I/MGNREGA/2018-19 submitted the report that for the purpose of earth filling at Gutipara Anchalik Kabarsthan at village Gutipara, Part.II, an amount was sanctioned under MGNREGA for the year 2017-2018 to the Gutipara Anchalik Gram Panchayat which was done as per the plan and estimate.
According to the said BDO, Nayeralga Development Block, the first phase of work under the said Scheme was started on 03.12.2017 and completed on 04.01.2018 and in that phase Rs. 9,99,297/- was sanctioned, out of which Rs. 1,23,280/- was for the material cost of earth filling with the volume of work 4362.16 cum and Rs. 8,76,021/- was released against the wages. It is stated that the material fund is yet to be released due to non receipt of the bills of material fund and that after flood, 42% work has been damaged and 2533 cum is presently shown at work site.
The said report of the BDO also stated that with regard to the second phase of work of the said Scheme, Rs. 5,90,907/- was estimated for the wages and Rs. 85,120/- was towards the material cost and the volume of work was 2912.24 cum.
The BDO in his report dated 17.06.2020 stated that the work was done as per the plan and estimate and Rs. 5,90,787/- has already been released for the wages and Rs. 85,120/- is yet to be released due to non receipt of the material bills and that 40% work of the scheme has been damaged during the flood and presently 1766 cum is found in the work site. It is stated that the Second phase of the said project was started on 13.07.2017 and was completed on 04.01.2018.
Mr. Barua, learned Public Prosecutor, Assam has also placed the case diary before the Court which goes to show that for the financial year 2017-2018 under the MGNREGA Scheme, initially an amount of Rs. 8,76,021/- was sanctioned for the wages cost and Rs. 1,23,280/- was sanctioned for the material cost for the purpose of earth filling at Gutipara Anchalik Kabarsthan, Gutipara under the MGNREGA Scheme, where the Anchalik Gram Panchayat was the executing agency and the petitioner No. 1 was the Member of said Gutimara Anchalik Panchayat.
The case diary reveals that the concerned Investigating Officer visited the site involved in the case, i.e.,Gutipara Anchalik Kabarsthan, Gutipara and did not find any such relevant filling of earth on Page No.# 4/4 the site.
Pursuant to the order dated 25.01.2018 of the CPRD, Assam, the Sub-Divisional Officer (Bilasipara) enquired into the matter involved in the case through two Civil Service officers of the State, who submitted the report on 10.04.2018 which was placed before the Deputy Commissioner, Dhubri vide No. BD-6/2017/417, wherein it is clearly reflected that more than one person was engaged for each job card holder, who usually belonged to the same family and all the payment were made in one account of the one job card holder and the amount released for the wages was found to be not transparent.
The concerned Officers also found that as per the estimate and sanction for high material components, such as, bolder pitching, RCC box culverts, CC block, works should have been done as per the specification and estimate. But it was found that the earth work was done only by the sandy soil which is not of rigid nature and easily available in the char areas and that the actual earth volume of work done is difficult to be assessed as no appropriate record was maintained by the authority.
In the First phase Rs. 9,99,301/- was sanctioned for the wages and materials and in the second phase an amount of Rs. 6,76,027/- was sanctioned for the said purpose and Rs. 8,75,934/- and Rs. 5,90,787/- were already utilized towards wages.
Finding sufficient incriminating materials available in the case diary against them, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioners, namely, (i) Smti. Aliya Khanam, (ii) Abdul Mozid Pramanik,(iii) Abdur Rezzaque Pramanik, (iv) Sonaulla Pramanik
(v) Sorhab Pramink @ Sorhab Ali Pramink and (vi) Hanif Uddin Pramanik, in said Bilasipara P. S. Case No. 1198/2019. As such, the prayer of the petitioners, named above, for their pre-arrest bail in said Bilasipara P. S. Case No. 1198/2019 stands rejected Accordingly, the interim pre-arrest bail granted earlier on 03.12.2019 to the petitioners, named above, in Bilasipara P. S. Case No. 1198/2019 is hereby recalled and it stands vacated.
Return the case diary.
JUDGE Comparing Assistant