Gauhati High Court
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GAHC010108872024
2025:GAU-AS:562
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/553/2024
NARENDRA KUMAR CHAURASIA
S/O KANTI CHANDRA CHAURASIA, R/O MAHOBA, P.S.- MALAKKPURA,
DIST.- MAHOBA (UTTAR PRADESH), PIN- 210427.
VERSUS
THE CENTRAL BUREAU OF INVESTIGATION AND ANR.
REP. BY STANDING COUNSEL, CBI.
2:SUPERINTENDENT OF POLICE CBI
ACB
GUWAHATI- 781032
Advocate for the Petitioner : MR. M SAIKIA, MR. S P SINGH YADAV
Advocate for the Respondent : SC, CBI,
Linked Case : Crl.A./188/2024
NARENDRA KUMAR CHAURASIA
S/O KANTI CHANDRA CHAURASIA
R/O MAHOBA
P.S.- MALAKKPURA
DIST.- MAHOBA (UTTAR PRADESH)
PIN- 210427.
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VERSUS
THE CENTRAL BUREAU OF INVESTIGATION AND ANR.
REP. BY STANDING COUNSEL
CBI.
2:SUPERINTENDENT OF POLICE CBI
ACB
GUWAHATI- 781032.
------------
Advocate for : MR. M SAIKIA
Advocate for : SC
CBI appearing for THE CENTRAL BUREAU OF INVESTIGATION AND ANR.
BEFORE
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
21-01-2025
1. Heard Mr. M. Saikia, learned counsel for the applicant/ appellant and Mr. M.
Haloi, learned Special Public Prosecutor, CBI.
2. The present interlocutory application (Crl.) is filed for suspension of sentence
and releasing of the applicant/appellant on bail who has been convicted and
sentenced by the judgment and order dated 30.04.2024 passed by the
learned Special Judge, CBI, Additional Court. No.3, Chandmari, Guwahati in
Special Case No. 41/2008 to undergo Rigorous Imprisonment (RI) for 2 (two)
years under Section 13(1)(d) read with Section 13(2) of Prevention of
Corruption Act, 1988 and fine of Rs. 50,000/- and in default of payment of
fine, to undergo Simple Imprisonment (SI) for 5 (five) months and to undergo
RI for 4 (four) years and fine of Rs. 20,000/- in default of payment of fine, to
undergo for 6 (six) months under Section 420 IPC and to undergo RI for 5
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(five) years under Section 467 IPC and fine of Rs. 20,000/- and in default of
payment of fine, to undergo RI for 6 (six) months and to undergo RI for 5
(five) years and fine of Rs. 20,000/- and in default of payment of fine to
undergo RI for 6 (six) months under Section 468 IPC and to undergo RI for 2
(two) years under Section 471 IPC and fine of Rs. 5,000/- in default of
payment of fine, to undergo RI for 2 (two) months.
3. Mr. Haloi, learned Special Public Prosecutor, CBI has vehemently submitted
that this is not a fit case to grant bail to the applicant/appellant inasmuch as it
was his duty to verify the account and he had not done it. According to him,
the accused applicant/appellant had not followed the mandate of procedure
and coupled with the established fact that the Bank Manager himself pleaded
guilty, the prosecution has been able to prove beyond reasonable doubt that
the present applicant/appellant is the main conspirator to siphon off public
money.
4. Admittedly the evidences on the basis of which the prosecution relied on are
circumstantial evidence. The learned Judge, came to a conclusion that the
present applicant/ appellant who was mandatorily required to make 5% of
random inspection while granting loan to its beneficiaries, had ignored his
duty and at the same time, the other accused person i.e., M.L. Basumatari,
who was the Bank Manager and who released the loan amount, had conspired
with the present applicant/appellant. The fact remains that said
M.L.Basumatari pleaded guilty and he was convicted and was sentenced for
one year of imprisonment. The other convicted co-accused had also been
granted bail by a Co-ordinate Bench in I.A.(Crl.) No. 530/2024 on 07.08.2024.
5. The connected appeal has already been admitted.
6. Considering the matter in its entirety including the period of sentence and the
materials available on record, this Court is of the view that the
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applicant/appellant has been able to make out a case for grant of bail at this
stage.
7. Accordingly, the applicant/appellant is allowed to remain on previous bail
granted by the learned Court below during the trial.
8. This interlocutory application (Crl.) stands disposed of.
JUDGE
Comparing Assistant
