Utpala Saikia vs The State Of Assam
2022 Latest Caselaw 795 Gua

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GAHC010026242022




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

                                 Case No. : Crl.A./27/2022

           UTPALA SAIKIA
           W/O SRI DIBYAJYOTI DEKA,
           RESIDENT OF NATBOMA HOUSING COMPLEX, F BLOCK 202, HATIGAON,
           GUWAHATI, KAMRUP M ASSAM

           VERSUS

           THE STATE OF ASSAM
           REPRESENTED BY PP ASSAM

Advocate for the Petitioner : MR. A M BORA
Advocate for the Respondent : PP, ASSAM


           Linked Case : I.A.(Crl.)/72/2022

           UTPALA SAIKIA
           W/O SRI DIBYAJYOTI DEKA

           RESIDENT OF NATBOMA HOUSING COMPLEX
           F BLOCK 202
           HATIGAON
           GUWAHATI
           KAMRUP M ASSAM


           VERSUS

           THE STATE OF ASSAM
           REPRESENTED BY PP ASSAM


           Advocate for : MR. A M BORA
           Advocate for : PP, ASSAM appearing for THE STATE OF ASSAM
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                                 BEFORE
                HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                      ORDER

07-03-2022 This interlocutory application, under Section 389 of the Cr.P.C., is filed for grant of bail to the applicant-appellant and suspension of the sentence rendered vide the judgment and order dated 17-01-2022, passed by the learned Special Judge Assam at Guwahati, in Special Case No. 21/2017, convicting the applicant/appellant to undergo rigorous imprisonment for a period of 3 years with a fine of Rs. 7,000/- with a default clause for offence under Section 7 of the Prevention of Corruption Act, 1988 and to suffer rigorous imprisonment for 4 years with a fine of Rs. 10,000/- with a default clause for offence under Section 13(2) of the Prevention of Corruption Act, 1988.

I have perused the application and annexures thereto. I have also heard Mr. A.M. Bora, learned senior counsel representing the applicant-appellant and Mr. R.J. Baruah, learned Additional Public Prosecutor, representing the State.

The record called for has been received.

The learned senior counsel for the petitioner has submitted that since the appeal has already been admitted and records have been received, the sentence imposed upon the applicant/appellant be suspended and she be granted bail. He has also referred to the evidence led by the prosecution to substantiate the charge against the appellant/applicant. He has specifically referred to the evidence of the Investigating Police Officer, examined as PW17. In his evidence, the Investigating Police Officer has specifically stated that no demand for bribe was made by the applicant/appellant and he did not find any material to that effect.

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PW7 has also made a nearly similar statement. No evidence has been referred to by this witness as regards the demand of bribe by the applicant/appellant. On perusal of the entire evidence on record and also taking into account the period of sentence imposed upon the applicant/ appellant, this Court is of the view that the case needs to be disposed of on merit and the evidence so far referred to is found to have made out a case for bail during pendency of the appeal.

That being so, the applicant/appellant, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.20,000/- with a suitable surety of the like amount to the satisfaction of the

learned jurisdictional Special Judge.

The direction for bail is further subject to the conditions that the accused- petitioner:

(a) shall not leave the territorial jurisdiction of the learned jurisdictional Special Judge, without prior written permission from him;

(b) shall not hamper with the investigation, or tamper with the evidence of the case; and

(c) 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.

The learned jurisdictional Special Judge shall be at liberty to put any other condition(s) in addition to the conditions mentioned above. The sentence imposed upon the applicant-appellant vide the impugned judgment and order dated 17-01-2022, passed by the learned Special Judge Assam at Guwahati, in Special Case No. 21/2017, is suspended till disposal of the connected appeal.

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The interlocutory application stands disposed of accordingly. The Criminal Appeal No. 27/2022 be listed for hearing in due course.

JUDGE

Comparing Assistant