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2022 DIGILAW 113 (GAU)

Manindra Nath Saikia v. State Of Assam

2022-02-04

AJIT BORTHAKUR

body2022
JUDGMENT : 1. Heard Mr. K.N. Choudhury, learned Sr. counsel appearing for the accused petitioner as well as Mr. M. Phukan, learned Addl. P.P., Assam appearing for the State respondent. 2. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Sri Manindra Nath Saikia, has prayed for grant of bail in connection with Fatashil Ambari P.S. Case No.817/2021 under Sections 120(B)/406/409/420/469/34 of the IPC. 3. The case diary, as called for, is placed before the Court. 4. The FIR reveals the allegation that during the period from 12.06.2016 to 12.01.2019, when Sri Pradip Buragohain was holding the post of Honorary Secretary of the Assam Cricket Association (ACA), large scale financial anomalies had taken place in execution of various works and also in utilizing the funds for various purpose. It is also alleged that after the new committee had taken charge of ACA, various contractors started demanding outstanding dues. Hence this case. 5. Mr. K.N. Choudhury, learned Senior Counsel appearing for the accused petitioner, submits that the accused, who is aged about 72 years, has been implicated in a false case as he, who was the Treasurer of the Assam Cricket Association (ACA) had no role to play with the drawing and disbursing of the fund of the said Association under the Rules during the period 12.06.2016 to 12.01.2019. Therefore, Mr. Choudhury submits that further continuation of detention of the accused, who is an aged man, during the current severe cold wave, may not be needed in the interest of the investigation. 6. Appearing for the State respondent, Mr. M. Phukan, learned Public Prosecutor submits that the case diary prima facie reveals no sufficient compelling material requiring further detention of the accused in judicial custody as the investigation so far it relates to his complicity has been substantially progressed. 7. It is noticed that the accused has been in judicial custody since 06.01.2022, that is, for 29 days. 8. On scrutiny of the case diary, it is prima facie revealed that the present accused, who was the Treasurer of the ACA, in connivance with the then other office bearers forming a racket misappropriated the fund of the said Association by manipulating documents, subject, however, to final outcome in investigation. 9. 8. On scrutiny of the case diary, it is prima facie revealed that the present accused, who was the Treasurer of the ACA, in connivance with the then other office bearers forming a racket misappropriated the fund of the said Association by manipulating documents, subject, however, to final outcome in investigation. 9. However, keeping in consideration of the manner of role played by the accused as the Treasurer of the A.C.A. and substantial progress in investigation so far it relates to him and further, his age factor, this Court is of the opinion that if the liberty of bail is granted to the accused petitioner, the ongoing investigation is unlikely to be adversely affected. 10. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned C.J.M., Kamrup (M) subject to the following conditions- (i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and (ii) That the accused 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 Police Officer or the Court; and (iii) That the accused petitioner shall not hamper or tamper with the investigation in any manner. 11. Return the case diary. 12. This disposes of the bail application.