Ramawatar Bhagat vs. The State Of Assam

GAHC010098882018

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB 882/2018

1:RAMAWATAR BHAGAT S/O SHRI NAGESWAR BHAGAT VILLAGE AND PO AMTOLA PS AND DIST. HOJAI ASSAM

VERSUS

1:THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR ASSAM

Advocate for the Petitioner : MR. A DAS Advocate for the Respondent : PP ASSAM

BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

ORDER

Date : 28-11-2018

Heard Mr. A. Das, learned counsel for the petitioner and Mr. T. K. Misra, learned Additional Public Prosecutor, Assam.

The petitioner, namely, Shri Ramawater Bhagat, has filed this application under Section 438 Cr.PC., seeking pre-arrest bail in Hojai P.S. Case No. 236/2017 (corresponding to G.R. No. 891/2017) registered under Sections 409/420/34 of IPC.

The contention of the petitioner is that he is the President of the Milik Basti Gaon Panchayat and he is no way connected with the case as alleged in the FIR.

The matter relates to misappropriation of huge amount of public money sanctioned for various developmental schemes of Milik Basti Gaon Panchayat of Dhol Pukhuri Development Block of Hojai district, erstwhile Nagaon.

Perused the case diary produced today by the learned Additional Public Prosecutor.

The note of the concerned Investigating Officer of the case reveals sufficient incriminating materials against the petitioner and other accused persons of the case with regard to misappropriation of huge amount of public money sanctioned for various developmental schemes of Milik Basti Gaon Panchayat of Dhol Pukhuri Development Block of Hojai district, wherein without the work being completed and without receiving the materials, the petitioner, President of the said Gaon Panchayat gave his signature, showing the works being completed, which was endorsed by other accused persons of the case and withdrawn the entire amounts sanctioned for such developmental schemes in the name of the concerned Gaon Panchayat.

It is seen that the investigation of the case is not yet complete as the accused persons of the case did not fully co-operate with the investigation of the case.

Finding sufficient incriminating materials against the petitioner with regard to his involvement in the alleged crime, more particularly, misappropriation of huge amount of public money, this Court is of the opinion that it is not a fit case to grant pre-arrest bail to the petitioner in said Hojai P.S. Case No. 236/2017 and, accordingly, this bail application of the petitioner, named above, in said Hojai P.S. Case No. 236/2017 stands rejected.

Interim bail granted to the petitioner, earlier on 03.04.2018 namely, Shri Ramawater Bhagat, in said Hojai P.S. Case No. 236/2017 stands vacated/is hereby recalled.

Return the case diary.

JUDGE

Comparing Assistant