MUSTAFA AHMED BARBHUIYA Vs. STATE OF ASSAM REP BY PP
LAWS(GAU)-2018-10-50
HIGH COURT OF GAUHATI
Decided on October 11,2018

Mustafa Ahmed Barbhuiya Appellant
VERSUS
State Of Assam Rep By Pp Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) All these applications are made under Section 439 CrPC seeking bail by the petitioners, namely, 1. Pallavi Sarma, 2. Dwithun Borgayari @ Borgayary, 3. Susovan Das, 4. Mustafa Ahmed Barbhuiya and 5. Manas Pratim Haloi, 6. Moon Mazoomdar, 7. Deepsikha Phukan, 8. Gulshan Daolagupu, 9. Bhargav Phukan, 10, Rhituraj Neog, 11. Monika Teronpi, 12. Smt. Barnali Dev, 13. Leena Krishna Kakati, 14. Manzoor Elahi Laskar and 15. Saibur Rahman Barbhuiya, who are in detention in connection with Dibrugarh P.S. Case No. 936/2016 under Section 7/13(1)(a)(b)(d)(2) of the Prevention of Corruption Act, R/W Section 120(B)/420/463/468/471/201 IPC.
(2.) An FIR was lodged by one Dr. Angshumita Gogoi on 29.06.2016 alleging inter alia that one Naba Kanta Patir contacted her and assured to provide a job through Assam Public Service Commission (for short APSC) on payment of money and demanded Rs. 10,00,000/-. She immediately informed the matter to Dibrugarh police and while receiving the said amount by Naba Kanta Patir from her, the police arrested him. During investigation, it came to the light that said Naba Kanta Patir was running a network in connivance with others and collected money for providing job through APSC and in the course of investigation, a huge scam of job for cash by APSC came into light. During continuation of the investigation, various persons being candidates appearing in the APSC examination as well as office bearers of the APSC including its Chairman Rakesh Pal and other members were arrested. A charge sheet was filed on 24.01.2017 against 10 accused persons, including Chairman of the APSC, Rakesh pal. Even after filing of the charge sheet on 24.01.2017, further investigation continued and 7 (seven) supplementary charge-sheets have been filed till now. Bail petitions filed by the petitioners, were rejected by the learned Special Judge.
(3.) The present petitioners, Manash Pratim Haloi was arrested on 20.02.2018, Dithun Daimary was arrested on 08.11.2017, Barnali Devi was arrested on 28.03.2018, and the rest of the petitioners, namely Susovan Das, Pallavi Sarma, Moon Mazoomder, Monika Teronpo, Ms. Deepsikha Phukan, Saibur Rahman Barbhuiyan, Gulshan Daolagupu, Bhargav Phukan, Ritu Raj Neogo, Smt. Leena Krishna Kakati, Manzoor Elahi Laskar and Mustafa Ahmed Barbhuiya were arrested on 18.07.2018. Charge sheet against Dithun Bargayari along with some others accused persons was submitted on 04.01.2018 by way of second supplementary charge sheet, charge sheet against Manash Pratim Haloi along with others were submitted on 19.04.2018 by way of third supplementary charge sheet. Charge-sheet against Barnali Devi was submitted as 5th supplementary charge-sheet on 24.05.2018 and rest of the above petitioners appeared in the 6th supplementary charge sheet filed on 14.09.2018.;


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