MANILAL DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This petition is directed against the order dated 17.05.2012 wherein the learned trial Court has rejected the application filed by the accused person wherein he has prayed that he be discharged and no charge be framed against him.

(2.) The undisputed facts are that the petitioner was working as Panchayat Secretary of the Purba Gandhigram Gram Panchayat. A complaint was lodged by the Block Development Officer, namely Sankar Chakraborty to the fact that the petitioner has defalcated and misappropriated amounts of the Government while posted as the Secretary of the Purba Gandhigram Gram Panchayat and it was alleged that the total amount defalcated was Rs.1,78,228/-.

(3.) The petitioner filed a bail application being B.A No.20 of 2008 in this Court. In the said bail application a statement was made on behalf of the petitioner by his learned counsel Mr. Guha that the accused is willing to deposit the amount of Rs.1,78,228/- which was withdrawn by him for Government work and is laying with him. The explanation given was that since the accused petitioner was transferred after sometime of withdrawal he could not redeposit the amount. The learned Public Prosecutor had not objected to the bail being granted in case the petitioner deposit the amount. It is in these circumstances that the petitioner deposited the amount and it is more than obvious that the petitioner deposited the amount with the sole purpose of getting bail.