Gauhati High Court
Dipankar Medda vs The State Of Assam on 29 October, 2019
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010233742019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3264/2019
1:DIPANKAR MEDDA
S/O MANIK MEDDA, R/O VILL-BAGRA, P.O.-MAYAPUR, P.S.-ARAMBAG,
DIST-HOOGHLY, WEST BENGAL, PIN-712413
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S DEKA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 29-10-2019 Heard Mr. S. Deka, learned counsel for the petitioner and Mr. N.J. Dutta, learned Additional Public Prosecutor for the State.
By this application under Section 438 of the Cr.P.C., the petitioner namely, Sri Dipankar Medda has prayed for pre-arrest bail, apprehending his arrest, in connection with BIEO P.S. Case No. 14/2014 under Sections 120(B)/420/406, I.P.C. read with Section 4/5/6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 7 of the Assam Protection of Interests of Depositors (In financial Establishment) Act, 2013.
Perused the contents of the FIR and documents annexed with the petition. It is Page No.# 2/3 submitted by Mr. Deka, learned counsel for the petitioner that the petitioner was not named in the FIR and he was shown to be inducted as a Director of the Torsa Agro Project Limited on 27.02.2013 and such induction, he submits, was without his consent and knowledge.
Mr. Dutta, learned Additional Public Prosecutor, referring to the materials available in the case diary, has submitted that the petitioner by appearing before the I.O. on more than one occasion, has been cooperating with the investigation.
The allegations made in the FIR pertain to the period from October, 2009 till February, 2013 whereas, the petitioner herein was shown to be inducted as the Director of the said company only on 27.02.2013 and the FIR has been filed against the company and its 6 nos. of Directors namely Arun Maji, Sri Rono Angami, Sri Mousam Chandra Borta, Smti Nil Hasuno Angami, Sri Sanjay Dutta and Smti Velly Hasauno Angami for their complicity of misappropriating the amounts invested by public amounting to more than Rs. 15,00,00,000/- (Fifteen Crores).
It is submitted that as the petitioner was only inducted as a Director on 27.02.2013, the custodial interrogation of the petitioner appears not necessary, more so, when he is co- operating with the investigation of the case.
Mr. Dutta, learned Additional Public Prosecutor for the State submits, on instruction, that the privilege of pre-arrest bail to the present petitioner only be made with the condition that the petitioner shall appear before the I.O. once in a month till the investigating authority finds that his personal appearance can be dispensed with.
In view of the submissions so advanced by the parties, and having gone through the materials made available in the petition including the FIR, the order passed on 04.10.2019 in respect of the pre-arrest bail of the petitioner is made absolute with the same terms and conditions recorded therein, with the further condition that the petitioner shall appear before the I.O. once in a month till the investigating authority dispenses with his such appearance in person once in a month.
It is made clear that the above observation is made only for the purpose of Page No.# 3/3 consideration of the bail prayer of the petitioner.
This bail application stands disposed of in the aforesaid terms.
JUDGE Comparing Assistant