Ram Krishna Saikia v. The State of Assam

ORDER

18.10.2023

Heard Mr. A. Ahmed, learned counsel for the applicant and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/3

¶2This application, under section 438 Cr.P.C. is preferred by accused, namely, Ram Krishna Saikia, who has been apprehending arrest, in connection with Kampur P.S. Case No.127/2023, under Section 120(B)/420/468/471 IPC, for grant of pre-arrest bail.

¶3It is to be noted here that the above noted case has been registered on the basis of an FIR lodged by one Diganta Kumar Goswami on 21.07.2023. The essence of allegation made in the aforesaid FIR is that his father late Prabhat Ch. Goswami suffered demise on 24.02.2019 leaving him and other legal heirs, but unfortunately five Sale Deeds were registered in the Sub-Registrar Office of Kampur after the death of his father by practicing fraud in the name of his father with the help of scribe, witnesses, identifiers of the Sale Deeds, in respect of the land belonging to his father and the purchasers were – Krishna Laskar, Krishna Kanta Bora and Padma Kanta Saikia.

¶4Mr. Ahmed, learned counsel for the applicant, submits that the applicant is the deed writer of the Sub-Registrar Office, Kampur and except writing the deeds he played no role in commission of the offence and he had no mala-fide intention and he had written the deed in the month of January, when the seller was alive, and he derive no benefit and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. P. Borthakur, learned Additional Public Prosecutor submits that the applicant is the deed writer of the fraudulent deeds and there are materials against him in the case diary and therefore, Mr. Borthakur has opposed the petition.

¶6Having heard the submission of learned Advocates for both the sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Borthakur, learned Additional P.P.

¶7The case diary indicates that the applicant is the writer of the sale deeds, which were registered after demise of the seller. Further, it appears that the I.O. has collected some materials in support of the allegation made in the FIR and his name also finds mention in the FIR. And his custodial interrogation is indispensible to unearth the Page No.# 3/3 conspiracy and also in the interest of investigation. And therefore, this Court is of the considered opinion that this is not a fit case where the privilege of pre-arrest bail can be extended to the applicant. Accordingly, this petition stands dismissed.

¶8In terms of above, the anticipatory bail application stands disposed of. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010232592023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3546/2023 RAM KRISHNA SAIKIA S/O LATE DANDI RAM SAIKIA R/O MAJAR ATI P.S. KAMPUR DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN