Page No.# 1/3 GAHC010234442025 2026:GAU-AS:898 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2547/2025 ASSADUD JAMAN ASSAD SON OF LATE SULEMAN ALI, VILL- GHILADHARI, P.O. KOPATI, P.S. DALGAON, DARRANG, ASSAM, PIN-784113 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MS R DEKA,MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN O R D E R 28.01.2026 Heard Mr. H.R.A Choushury, learned senior counsel assisted by Ms. R. Deka, learned counsel for the petitioner and Mr. R. Kaushik, learned Additional Public Prosecutor for the State. 2. Vide order dated 24.11.2025, the petitioner was enlarged on interim Page No.# 2/3 pre-arrest bail with the conditions mentioned therein and the Case Diary was called for. It was further directed in the said order dated 24.11.2025 that a resolution which was said to have been adopted and approved by the Special Gram Sabha resolving thereby that the petitioner can transfer the money deposited for implementation of schemes under the 15th Finance Commission to his own account and utilize the same for the benefit of the society may be produced. In view of the said submission, this Court had directed the learned Additional Public Prosecutor to produce the Case Diary and to produce the resolution as stated above that was said to have been adopted and accepted. 3. Today, when the matter is called up, the learned Additional Public Prosecutor for the State has placed the extract from the Case Diary wherein it is reflected that on perusal of a seized register-cum-note book, it was revealed that certain resolutions were taken in the meeting to the effect that proposal of transferring the money of Joint Account of Gaon Panchayat, which was held by the President and Secretary to the Private Account of the Secretary had been accepted and approved in the said meeting. However, it is also reflected that further approval of the higher authority was not taken. 4. Be that as it may, the fact remains that the resolution was accepted and approved. In view of the same, the allegation against the petitioner that he had deposited the amount in his own account has a legal backing. It is further reflected in the Case Diary that whether the said amount was misappropriated or was used in the schemes of the Gaon Panchayat, the investigation is still on. Page No.# 3/3 5. In view of the same, and in view of the notings made in the Case Diary, this Court finds it fit that the order dated 24.11.2025 enlarging the petitioner on interim pre-arrest bail may be made absolute with the conditions already mentioned in the said order. 6. It is ordered accordingly. 7. The bail petition is disposed of. 8. Return the Case Diary. JUDGE Comparing Assistant