GUWAHATI: On December 18, the Gauhati High Court rejected a pre-arrest bail application submitted by Rahul Roy, an employee of North-East Roadways and Global India Logistics, who is implicated in an embezzlement case involving ₹1.56 crore. The case arose when Anil Kumar Kharkia, the company’s owner, found financial discrepancies during an audit on August 16. These suspect transactions, which date back to 2021, were allegedly processed by Roy to unauthorized recipients. Additionally, three other employees, including Bipin Kumar, are reportedly involved, with Kumar allegedly directing these illicit transactions.
During court proceedings, Roy’s defense argued that the First Information Report (FIR), filed on September 5, should be considered under the BNSS Act, 2023. However, the Additional Public Prosecutor contended that since the alleged offenses occurred before the Act’s enforcement on July 1, they should be prosecuted under the Indian Penal Code. This argument was supported by a Rajasthan High Court precedent that mandates prosecuting pre-Act crimes under existing laws prior to the new Act.
Justice Parthivjyoti Saikia pointed out Roy’s acknowledgment of unlawful activities, concluding that the situation did not merit pre-arrest bail. The court highlighted the importance of custodial interrogation to fully investigate the conspiracy and attempt to recover the embezzled funds.
In light of these considerations, the court dismissed Rahul Roy’s anticipatory bail application, underscoring the allegations’ seriousness and the necessity for further investigation to uncover the full extent of the financial misconduct and involvements.
Original Source: https://www.guwahatiplus.com/guwahati/gauhati-hc-denies-anticipatory-bail-for-offences-committed-before-acts-enactment
Category : Guwahati
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Publish Date: 2024-12-19 21:50:00
