TMI Blog2022 (6) TMI 1440X X X X Extracts X X X X X X X X Extracts X X X X ..... of certainty in commencement of trial and completion of further investigation in the case at the earliest and prolonged detention of him in judicial custody, this Court is of the considered opinion that in order to enable him to avail the benefit of his annual leave, he may be granted the liberty of interim bail only - it is provided that the accused petitioner namely, Mohet Hojai shall be released on interim bail of Rs.50,000/- (Rupees Fifty Thousand) with 02 (two) sureties of like amount to the satisfaction of the learned Special Judge, Guwahati , Assam. The interim bail allowed subject to conditions imposed. - Honourable Mr. Justice Ajit Borthakur For the Petitioner : Mr. D. Talukdar. For the Respondent : SC, ED ORD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application, Ms. A Gayan, learned Standing Counsel for E.D., has drawn attention to the grounds cited in the Affidavit-in-opposition and submits that in the instant case involving siphoning of approximately Rs.13.50 Crores of the North Cachar Hills Autonomous Council ( N.C.H.A.C for short) is still in the further investigation stage. 6. Ms. Gayan further submits that the investigation so far made reveals sufficient prima facie incriminating material against the present accused and others, who are named in the complaint for commission of the offence of money laundering as defined in Section 3 of the PMLA , 2002, for which they are punishable under Section 4 of the said Act. 7. Ms. Gayan also submits that the accused was the Chief Exec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear 2008-09. Based on the aforesaid FIR, the Special (PMLA) Case No.3/2018 came to be registered in the Court of learned Special Judge, Assam, Guwahati and cognizance of the offence has been taken vide order, dated 24.01.2018. 11. A perusal of the records, it is revealed that the accused was convicted under Sections 120B of the IPC read with Section 17 of the PMLA vide the Judgment, dated 22.05.2017 and order, dated 23.05.2017 passed by the learned Special Judge, NIA, Assam and presently, he has been serving out the sentence, inter-alia, of rigorous imprisonment for life. 12. The records reveal that the accused petitioner was the CEM, NCHAC during the relevant period of siphoning of approximately Rs.13.50 Crores from the Social Welfar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... culiar to the accused; (v) character of the witnesses; (vi) reasonable possibility of presence of accused not being secured during trial and (vii) similar other considerations which may arise when a Court is asked to admit accused on bail in non-bailable offences. 16. As per the certificate dated 21.03.2022 issued by the Superintendent, Central Jail, Guwahati vide Annexure V, the accused has been in judicial custody since 21.04.2018, that is, for 4 years 1 month 30 days in connection with the instant case, which is at appearance stage before consideration of charges. 17. Undoubtedly, the instant case is of serious nature of economic offence involving a large interest of the State. However, in view of pendency of the instant case, he h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iginal documents retaining legible scanned copy thereof on record for future reference; (iii) 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 Court or to any police officer; and (iv) That the bail bonds may be considered and accepted after receipt of copy of Annual leave with specific period granted to the accused petitioner from the Superintendent, Central Jail, Guwahati. 21. Forward forthwith copy of this order to the Superintendent of Police, Dima Hasao district, Assam and Officer-In-Charge, Haflong Police Station as well as the Superintendent, Central Jail, Guwahati fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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