Shohidur Rohman v. The State of Assam

ORDER

10.05.2024 Heard Ms A Hussain, learned counsel for the petitioner. Also heard Mr D Das, learned Additional Public Prosecutor for the State respondent.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973, for granting pre-arrest bail to the petitioner, i.e., Shohidur Rohman, who is apprehending arrest in connection with Mankachar PS Case No. 431/2023, under Sections Page No.# 2/3 403/406/409/468/34 of the Indian Penal Code, 1860.

¶3The Case Diary called for, is placed before this Court.

¶4The case of the prosecution is that the petitioner had misappropriated an amount of Rs. 22,35,972/- (Rupees Twenty Two Lacs Thirty Five Thousand Nine Hundred and Seventy Two Only), of the shareholder of the Kalapani Samabai Samity Limited, during the period 2017-2018, while he was holding the post of acting Secretary of the Society.

¶5Pertinent that, by order dated 07.03.2024, the petitioner was granted interim pre-arrest bail, subject to conditions thereof.

¶6Mr D Das, learned Additional Public Prosecutor for the State of Assam, submits that the petitioner has appeared before the Investigating Officer in terms of the interim pre-arrest bail order passed earlier by this Court. He further submits that the statement of the petitioner has been recorded under Section 161 CrPC. He further submits that the petitioner has cooperated with the investigation.

¶7Heard the parties and perused the records available.

¶8It appears from the record that the petitioner is cooperating with the investigation and the statement of the petitioner under Section 161 CrPC, has already been recorded. It further appears that there are no adverse materials available on record against the antecedent of the petitioner. Accordingly, this Court is of the considered opinion that custodial interrogation of the petitioner may not be necessary for the ongoing investigation. As such, the interim pre-arrest bail granted earlier by this Court, vide order Page No.# 3/3 dated 07.03.2024, is hereby made absolute, subject of course, to the following conditions:-

(i) That the petitioner shall cooperate in the on-going investigation;

(ii) That the petitioner 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; and

(iii) That the petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of commission.

¶9The Anticipatory Bail Application stands disposed of.

¶10Return the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010046122024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/582/2024 SHOHIDUR ROHMAN S/O LATE NAYEB ALI VILL- NANDIA, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM-783135 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR R ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI