PRAMOD HALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By filing this petition under Sec. 438 CrPC, the petitioners, namely- Sri Pramod Haloi, Sri Harendra Kr. Deka, Sri Utpal Kr. Kalita, Sri Pradip Kr. Malakar, Sri Prabhat Chandra Thakuria, Sri Mohan Chandra Talukdar and Sri Bhabananda Das has sought for pre-arrest bail in connection with Chandmari Police Station Case No.211/2021, registered under Sec. 406 of IPC.

(2.) Heard the learned counsel for the petitioner as well as the learned Addl. Public Prosecutor representing the State. Also perused the case diary and the documents annexed thereto.

(3.) As per the FIR, the public money of Srimanta Sankardev Sangha Guwahati, Mohanagari Zilla Sakha of which the present petitioner no. 2 and 3 and erstwhile President and Secretary and other members, has misappropriated an amount of Rs.2,59,500.00. So far as regards the amount, the bank officials testified that the aforesaid amount has already deposited in the name of Srimanta Sakardev Sangha on 13/3/2019, which is also tallied with the statement made by the present petitioners and the documents submitted vide annexure 8. Accordingly, it reveals that question of misappropriation will not come into play as the amount is already been deposited. That being so, the custodial interrogation of the present petitioners are not warranted.