The Gauhati Court converted interim pre-arrest bail into absolute bail in an application under Section 438 Cr.P.C. for alleged forgery and cheating offences.
Interim pre-arrest bail made absolute subject to non-interference and cooperation in investigation.
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GAHC010203052018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2811/2018
1:SANDILLYA DULAL GOSWAMI
S/O- SRI DULAL CHANDRA GOSWAMI, R/O- HNO. 10, RAILWAY COLONY ROAD, HATIGARH CHARIALI, MOTHER TERESA ROAD, GUWAHATI781021, DIST- KAMRUP(M), ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. D SARMAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 06-12-2018
Heard Mr. A.M. Bora, learned counsel for the petitioner and Ms. A Begum, learned Addl. Public Prosecutor, Assam.
By this petition under Section 438 of the Cr.P.C. the petitioner, namely, Sri Sandillya Dulal Goswami has prayed for grant of pre-arrest bail apprehending his arrest in connection with BI (EO) P.S. Case No. 16/2018 under Sections 468/471/420/406/409 of the IPC.
The case diary, as called for, is placed before the Court.
Be it mentioned that this Court by an order, dated 10.10.2018, extended the privilege of
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interim pre-arrest bail to the petitioner subject to certain conditions.
Mr. Bora, learned senior counsel for the petitioner submits that the loan amount of Rs.10 lakhs was sanctioned by the petitioner only after complying with all the official formalities of the Bank, in question, and requisite documents submitted by the customer and subsequently when the alleged fraud was detected, the customer already repaid the loan amount which he had received.
Mr. Bora, learned senior counsel for the petitioner further submits that the disciplinary inquiry against the petitioner has already been initiated and he is now placed under suspension. He further submits that the petitioner, pursuant to the grant of interim pre-arrest bail, is co-operating in the investigation of the case and as such, his custodial interrogation may not be warranted.
Ms. Begum, learned Addl. PP, fairly submits that as the petitioner has been co-operating in the investigation, of the case, as such, custodial interrogation of the petitioner may not be warranted in the interest of investigation into the case. Ms. Begum also submits that the disputed documents have already been submitted to the FSL, Guwahati, Assam, for examination and the report is awaited.
Taking into account, the rival submissions as made above advanced by the learned counsel of both the sides and on perusal of the relevant Case Diary, this Court is of the considered opinion that custodial interrogation of the petitioner, herein, is not warranted at this stage in the interest of investigation of the case. Accordingly, the interim pre-arrest bail granted vide order, dated 10.10.2018, is hereby made absolute, subject, of course, to the following conditions:-
Return the case diary.
With the above direction, this bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether interim pre-arrest bail should be made absolute.
2 provisions across 2 enactments
SANDILLYA DULAL GOSWAMI
THE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
