Allowed

Probin Ch. Sarma v. the State of Assam

Gauhati HC4 Dec 2018AB/2923/2018

Case brief

AI extract

What is this about?

The Gauhati High Court converted prior interim pre-arrest bail into absolute bail for a Deputy Director of Secondary Education in a cheating and conspiracy case, finding custodial interrogation unnecessary.

What did the court decide?

The interim pre-arrest bail granted earlier is made absolute subject to conditions to cooperate with the investigation and not induce or threaten witnesses.

Probin Ch. Sarma Vs the State of Assam — Cheating and Forgery | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010209622018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 2923/2018

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1:PROBIN CH. SARMA

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DEPUTY DIRECTOR OF SECONDARY EDUCATION, ASSAM, KAHILIPARA, GUWAHATI-19

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VERSUS

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1:THE STATE OF ASSAM REP. BY PP, ASSAM

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Advocate for the Petitioner : MR. S K DAS

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Advocate for the Respondent : PP, ASSAM

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- B e f o r e -

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Hon’ble Mr. Justice AJIT BORTHAKUR

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04-12-2018

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Heard Mr. S.K. Das, learned counsel appearing for the petitioner and Mr. T. Mishra, learned Additional Public Prosecutor, Assam appearing for the State respondent.

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By this application, filed under Section 438 of the Cr.P.C., the petitioner namely, Probin Ch. Sarma, has prayed for pre-arrest bail, in connection with Simaluguri PS Case No. 18/2018, under Sections 120B/420/468/471 of the IPC.

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Page No.# 2/2

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The case diary as called for is placed before this court.

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Mr. S.K. Das, learned counsel for the petitioner, submits that the petitioner, who was formerly the Inspector of Schools, Sivasagar District Circle and Incharge Principal of Lakwa Tantia School, Sivasagar, acted as the Member Secretary of the selection process of Principal along with the other members of the Selection Committee constituted for the purpose. Mr. Das further submits that this case is the handy work of conspiracy of an unsuccessful candidate and co-accused has already availed interim anticipatory bail from this court.

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Mr. T. Mishra, learned Additional Public Prosecutor, Assam fairly submits that the present petitioner simply forwarded the name of the selected candidates to the higher authority, as per selections made by the Selection Committee, after scrutiny of bio-data of all candidates only. Mr. Mishra, therefore, submits that custodial interrogation of the petitioner is not warranted.

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Perused the case diary.

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In view of the above submissions made by the learned counsel of both sides, and perusal of the case diary, this court finds that custodial interrogation of the petitioner is not warranted.

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Therefore, the interim pre-arrest bail granted vide order, dated 18.09.2018, is hereby made absolute, subject to the following conditions:-

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The petitioner shall co-operate with the I.O. in investigation as and when required;

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The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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Return the case diary.

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With the above directions, this bail application stands disposed of.

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JUDGE

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Comparing Assistant

Probin Ch. Sarma v. the State of Assam

Case brief

What is this about?

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Probin Ch. Sarma v. the State of Assam

Case brief

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