Dimapur, June 16 (MExN): The Kohima Bench of the Gauhati High Court has set aside what was termed as the “impugned pre-arrest bail” order passed by the Additional District and Sessions Judge, Kohima on May 27 in regard to bogus appointments made in the School Education department. A copy of the court order received here mentioned that the accused, who had been given bail, had been implicated for issuing bogus and illegal appointment letters of adhoc teachers in the department of School Education during the period of 2007, 2008 and 2009 respectively. The illegal appointments were purportedly shown to have been made against post created during 1989, 1991 and 1998. The court order dated June 11, 2009 went on to add that the State government decided to investigate into the matter through the Vigilance Commission. Accordingly a case was registered against the accused person, who had served as Under Secretary in the School Education department during the relevant period.
According to the court documents, non-bailable warrant was issued against the accused on May 26, 2009. However the accused submitted application for pre-arrest bail before the Additional District and Sessions Judge and had obtained bail order on May 27, 2009. The Advocate General of Nagaland on behalf of the State government had challenged the order by submitting that the pre-arrest bail order was granted to the accused by the lower court without serving any notice and without hearing the prosecution side.
So the court has ordered that based on the submission including facts and circumstances, the accused may be given an interim protection to enable him to appear in the court of the Additional District and Sessions Judge Kohima. On the appearance of the accused, it was directed that the Session Judge shall dispose the pre-arrest bail in connection with the Vigilance case on behalf of the accused in accordance with law “upon hearing learned counsel of both the parties”.
