BIRINCHI KUMAR PEGU v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-11. BIRINCHI KUMAR PEGU v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010171252020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3440/2020 BIRINCHI KUMAR PEGU S/O BINANDA PEGU, R/O GARMUR KARPUN PULI, P. O. -JORHAT ENGINEERING COLLEGE, DIST-JORHAT, PIN-785007 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S K BARKATAKI Advocate for the Respondent : PP, ASSAM B E F O R E HON’BLE MR. JUSTICE HITESH KUMAR SARMA 11-12-2020 This is an application, filed under Section 438 of the Cr. PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Birinchi Kumar Pegu, in connection with Jorhat P. S. Case No. 2356/2020 registered under Sections 409/468/471 of the Indian Penal Code. Heard Mr. S. K. Barkataki, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam appearing for the State Respondent, Case diary produced has been perused.
It appears from the materials in the case diary that the petitioner is alleged to have withdrawn Rs. 50,000/- each from the accounts of two lady customers of the Post Office concerned. That apart, he is alleged to have misappropriated a sum of Rs. 4 lakhs and odds, Page No. # 2/2 which is said to have returned subsequently. A departmental enquiry is also going on against the petitioner. Considering the materials so far collected, this Court is of the view that custodial interrogation of the petitioner is not essential for the purpose of investigation of the case. Accordingly, it is provided that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on bail on his furnishing bail bond of Rs. 20,000/-, with a suitable surety of the like amount, to the satisfaction of arresting authority.
The direction for pre-arrest bail is subject to the conditions that the petitioner : (a) shall appear before the Investigating Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation; (b) shall not hamper with the investigation, or tamper with the evidence of the case; (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. The petition stands disposed of accordingly. Return the case diary. JUDGE Comparing Assistant
Source: Gauhati High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.