Sisir Bhatta vs The State Of Assam And Anr
2021 Latest Caselaw 1051 Gua

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GAHC010010502021




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

                         Case No. : I.A.(Crl.)/54/2021
                                       in
                             Crl.A./24/2021



         SISIR BHATTA
         S/O- LATE DEBEN BHATTACHARYEE
         R/O- H/NO. 51
         S.C. GOSWAMI ROAD
         PANBAZAR
         GUWAHATI UNDER PANBAZAR POLICE STATION IN THE DISTRICT OF
         KAMRUP(M)
         ASSAM
         PIN- 781001.


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY P.P.
         ASSAM

         2:CHANDU YADAV
         S/O- LATE BHOLA NATH YADAV
          R/O- K.C. SEN ROAD
          PALTANBAZAR
          GUWAHATI UNDER PALTANBAZAR POLICE STATION IN THE DISTRICT OF
         KAMRUP(METRO)
         ASSAM
          PIN- 781008.
          ------------

Advocate for : MR Z KAMAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 18-03-2021

Heard Mr. Z. Kamar, learned senior counsel for the applicant/appellant.

Also heard Mr. N.K. Kalita, learned Additional Public Prosecutor, Assam appearing for the State Respondent.

This interlocutory application has been filed praying for bail of the appellant/applicant who has been in custody with effect from 5.1.2021 in view of his conviction and sentence recorded by the learned Special Judge, Assam in Special Case No.02/2018 for rigorous imprisonment for three years and to pay a fine of Rs.7,000/- with a default clause for offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and, also further rigorous imprisonment for four years and to pay a fine of Rs.10,000/- with a default clause for offence punishable under Section 13(3) of the Prevention of Corruption Act, 1988. The sentences are ordered to run concurrently.

I have perused the memo of the connected criminal appeal and the judgment appealed against, as annexed therewith. I have also examined the record of the learned Court below including the evidence of the witnesses.

The learned Court below is found to have written a detail judgment with some specific observations made in paragraphs 31, 33 and 71 thereof.

Mr. Kamar, learned senior counsel for the applicant/appellant has submitted that there are observations in paragraph 31 of the impugned judgment that the complainant has given three different versions at three different stages. Such different versions are specifically indicated in the said paragraph of the judgment. Referring to paragraph 33 of the judgment, learned senior counsel has further submitted that the complainant himself is not sure about the sequence of events leading to the offence alleged, as observed by the learned Court below. He has also referred to paragraph 71 of the impugned judgment and submitted that the applicant/appellant was not entitled to the demanded amount being not connected with his official function. Learned senior counsel for the appellant/applicant has submitted that such finding recorded by the learned Court below is not very specific as regards as to what official function he was referring to in the impugned judgment.

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On perusal of the impugned judgment read in combination with the evidence on record and the inconsistencies in the version of the witnesses, as indicated particularly in paragraph 31 of the impugned judgment, this Court is of the view that the applicant/appellant has made out a case for bail during the pendency of the connected criminal appeal.

This Court has also taken note of the fact that the accused appellant/applicant has been in custody since 5.1.2021 i.e. the date of the judgment and also the period from 6.7.2015 to 28.08.2015, during the period of investigation.

In view of the above, the applicant/appellant is granted bail till disposal of the connected criminal appeal. He be released on bail on his furnishing bail bond of Rs.25,000/- with two sureties of the like amount to the satisfaction of the learned Special Judge, Assam. Learned Special Judge shall be at liberty to put any appropriate condition(s) while releasing the applicant/appellant on bail.

In view of the fact that the appeal has already been admitted, the applicant/appellant is granted bail by the order above, the sentence imposed upon the applicant/appellant is suspended till disposal of the connected criminal appeal.

The interlocutory application, accordingly, stands disposed of.

JUDGE

Comparing Assistant