Aizawl bench of Gauhati HC grants bail to Fmr Chakma Council CEM Tongchangya
First Published: 9th October, 2023 21:55 IST
A.M. Bora, a learned senior counsel strongly argued that Kali Kumar Tongchangya had no previous criminal convictions and had been on bail throughout the trial
Former Chief Executive Member (CEM) of the Chakma Autonomous District Council (CADC), Kali Kumar Tongchangya, who was sentenced to four years’ imprisonment and a fine of Rs 4 lakh in a corruption case last month, was released on bail on Monday by the Aizawl bench of the Gauhati High Court.
A release by Chakma district Mizo National Front’s media cell said that the decision to release Tongchongya, the present chairman of the CADC, on bail came after an appeal filed by his legal team before Justice Nelson Sailo of the Aizawl bench of the Gauhati High Court.
The hearing took place on October 6, where A.M. Bora, a learned senior counsel, assisted by Bipul Bhagawati, presented the case for the appellant. The application sought the suspension of the execution of the conviction and sentence orders issued on September 25 and 26, respectively.
Bora strongly argued that Kali Kumar Tongchangya had no previous criminal convictions and had been on bail throughout the trial. The counsel referred to paragraph 10 of the impugned September 26 order, arguing that the trial court itself acknowledged the absence of evidence indicating the misappropriation of funds for personal gain by the appellant.
Considering the submissions made by the learned senior counsel and in adherence to Section 389 of the CrPC and its provisions, Justice Sailo decided to suspend the impugned judgment, the order of conviction, and the order of sentence. This suspension will remain in effect until the final disposition of the connected criminal appeal.
Tongchangya was convicted by the Special Court (Prevention of Corruption Act) in Aizawl on September 26 for swindling Rs 1.79 crore of funds meant for road construction under the Non-Lapsable Central Pool of Resources (NLCPR) and using the money for the Congress party election campaign in the 2013 CADC elections.
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