Tripura High Court
AB/126/2017 on 20 December, 2017
Author: S. Talapatra
Bench: S. Talapatra
A.B. No.126 of 2017
Noting by Officer or Serial Date Office notes, reports, orders or
Advocate No Proceedings with signature
BEFORE
THE HON'BLE MR. JUSTICE S. TALAPATRA
20.12.2017 Heard Mr. Kohinoor N. Bhattacharji, learned counsel appearing for the petitioner as well as Mr. R.C. Debnath, learned Addl. P.P. appearing for the State. This is a petition under Section 438 of the Cr.P.C. for granting pre-arrest bail to the petitioner who is being searched in connection with Dharmanagar P.S case No.2015/DMN/077 under Sections 420/406/34 of the IPC as he was one of the Directors of the accused company, namely Real Vision Micro Finance Company which has collected huge money from several persons. But now, the said company has been refusing to pay back their money and its accrual which they promised to those persons.
Mr. Bhattacharji, learned counsel appearing for the petitioner has submitted that long before the FIR was filed, the petitioner had resigned from the company as the Director and the said resignation has been dully recorded in the Form 32, pursuant to Sections 303(2), 264(2), 266(1)(a) and 266(1)(b)(iii) of the Companies Act, 1956.
On the other hand, Mr. Debnath, learned Addl. P.P. appearing for the state has submitted that despite notice issued under Section 41 of the Cr.P.C., the petitioner did not appear before the Investigating Officer for clarifying certain aspects of transaction. Mr. Bhattacharji, learned counsel appearing for the petitioner did not miss to point out that though the petitioner did not appear in person before the investigating officer, but he had replied to the notice pointing out that fact of resignation from the said company. As such, the petitioner cannot have any criminal liability.
Sujay Page 1 of 2 A.B. No.126 of 2017 Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature Be that as it may, this court is of the view that the petitioner be enlarged on pre-arrest bail in the event of his arrest subject to certain conditions as would be laid later on.
Hence, in the event of the arrest of the petitioner, namely, Sri Sidhartha Kumar Banik in connection with Dharmanagar P.S case No.2015/DMN/077 under Sections 420/406/34 of the IPC, he shall be released on bail on furnishing a bail bond of `50,000/- (Rupees Fifty thousand) supported by one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, North Tripura, Dharmanagar subject to the condition that he shall appear before the Investigating Officer or the Officer-in-Charge of Dharmanagar P.S. on 8th January, 2018 for his interrogation without fail and further, he shall not try to influence the process of investigation in any manner either by way of coercion or allurement. The petitioner shall all through cooperate with the investigation. It is made clear that if any breach of these conditions is located, the benefit of pre-arrest bail be recalled at any point of time and for this purpose, the investigating agency may approach the appropriate court for cancellation of bail for the breach.
Accordingly, this petition stands allowed and disposed of.
JUDGE Sujay Page 2 of 2