Urmila Sarkar v. The State of Assam

ORDER

13.03.2024

Heard Mr. S.C. Biswas, learned counsel for the applicant and Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Bongaigaon P.S. Case No. 559/2023, under Sections 120B/420/468/471 of the IPC, this application under Section 438 Cr.P.C. has been preferred by the applicant namely, Urmila Sarkar, for grant of pre-arrest bail. Page No.# 2/3

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Saurav Kumar Das, Circle Officer, Bongaigaon Revenue Circle, Bongaigaon on 27.12.2023. The essence of allegation made in the FIR dated 27.12.2023, is that the applicant is the owner of a plot of land, measuring 0 Bigha 2 Kathas 0 Lecha, bearing Patta No. 3, Dag No. 310, and the said plot of land was purchased by the Government for construction of road under Asom Mala Project, fixing the sale price at Rs. 32,13,895/-, and some other sellers also have given NOC in favour of Urmila Sarkar that they do not have any objection if the entire amount is credited in her bank account. But, it has been found that one of the signatory, namely, Satya Bala Sarkar has already suffered demise in the year 1999, and it has been revealed from a complaint given by Nirmala Bala Ray that the said misdeed was done by one Jadupati Sarkar.

¶4Mr. Biswas, learned counsel for the applicant submits that the applicant is a lady of 65 years old and that this Court was pleased to grant interim protection to the applicant, vide order dated 13.02.2024, and pursuant to the said order, the applicant had appeared before the IO and has been cooperating with the investigating agency. Mr. Biswas further submits that the amount of money i.e. Rs. 32,13,895/- was not transferred into her account. Mr. Biswas also submits that the applicant is ready to cooperate with the investigating agency and therefore, it is contended to make the interim order dated 13.02.2024, absolute in the same terms and conditions.

¶5On the other hand, Mr. Sarma, learned Additional Public Prosecutor by producing the case diary before this court, submits that the applicant had appeared before the IO and her statement was recorded and that material part of investigation is almost over.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record Page No.# 3/3 and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

¶7In view of the submissions of learned counsel for both the parties and also considering the fact that the applicant has been cooperating with the investigating agency and also considering the fact that the investigation has progressed significantly, this Court is of the view that the custodial interrogation of the applicant seems to be unwarranted here in this case. And therefore, this Court is inclined to make the interim order dated 13.02.2024, absolute in the same terms and condition.

¶8In terms of above this AB stands disposed of.

¶9The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010026112024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/332/2024 URMILA SARKAR W/O SRI DHANIRAM SARKAR R/O VILL- BARSHAN GAON P.S. BONGAIGAON, P.O. BONGAIGAON DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN