High Court · 2012

HON’BLE MR. JUSTICE S. TALAPATRA Heard Mr. N. Dutta, learned senior counsel, assisted by Mr. N.N.B. Choudhury, le arned counsel appearing for the petitioner. Also heard Mr. B.S. Sinha, learned A ddl. Public Prosecutor appearing for the State as well as Mr. A.K. Bhuyan, learn ed counsel for the respondent Nos. 2 and 3. This application under Section 438 of Cr.P.C. has been filed by the petitioner f or pre-arrest bail in connection with Bhangagarh P.S. Case No.258/2011 under Sec tions 420/468/471 of IPC. The allegations as made against the petitioner as available in the First Informa tion Report are that he has forged two resignation letters of the respondent Nos . 2 and 3 and in deceitful use thereof he had ousted the respondent Nos. 2 and 3 from the Board of the Directors of the Starline Hotels Limited and grabbed the reign by depriving the respondent Nos. 2 and 3 illegally. This Court on 14.05.2012 had passed the following interim order : (cid:28)In view of the above, in the interim, till the returnable date, the Investigati ng Officer is directed to release the petitioner Sri Suresh Garodia on bail, in the event of his arrest in connection with Bhangagarh Police Station Case No.258 /2011 registered under Section 420/468/471 IPC and on furnishing bail bond of Rs .20,000/- with one local surety of the like amount to the satisfaction of the Ar resting Authority. (cid:29) Mr. N. Dutta, learned senior counsel appearing for the petitioner quite emphatic ally submitted that after availing the said interim order, the petitioner appear ed before the Investigating officer and he had been examined by the Investigatin g Officer comprehensively. However, Mr. Dutta, learned senior counsel has stated that the respondent Nos. 2 and 3 now have been trying with design to embroil th e petitioner in further controversies. On the other hand, Mr. A.K. Bhuyan, learned counsel appearing for the respondent Nos. 2 and 3, with leave of the Addl. Public Prosecutor appearing for the State , submitted that the petitioner had misused the privilege of pre-arrest bail as has been granted by this court and despite of the notice under Section 91 of Cr. P.C. by the Investigating Officer, the petitioner, in his capacity as the Managi ng Director of the said incorporated, has not produced the relevant ’forged’ doc uments, which are at the centre of the investigation and he had left the State o f Assam for the hide-out somewhere in Delhi as per the information received by t he police. Mr. Bhuyan, learned counsel submitted with a glimmer that this conduc t of the accused person should warrant in recalling the privilege as extended by this Court. Supporting the contention of Mr. Bhuyan, learned counsel for the respondent Nos. 2 and 3, Mr. B.S. Sinha, learned Addl. Public Prosecutor appearing for the Sate submitted that for the interest of the investigation the interim pre-arrest bai l should be recalled so that further custodial interrogation may be conducted by the investigators. In reply to this, Mr. N.N.B. Choudhury, learned counsel appearing for the petiti oner submitted that the respondent Nos. 2 and 3 have furthered hostility by maki ng criminal entry into the Hotel and posing threat to the petitioner and his fam ily members. They have also taken possession of the said hotel with their cohort s. He has referred to a complaint filed to the Superintendent of Police, Guwahat i Metro on 30.03.2012. Learned counsel further alleged that no action from the p olice has surfaced on the said complaint and as such the petitioner was scary. H e was getting disillusioned of the fair investigation. It is also required to bring on records that Mr. N. Dutta, learned senior counse l appearing for the petitioner has volunteered before this court to submit those ’forged’ documents which he has been stated to have been received from the peti tioner. This Court after considering the rival contentions as projected as well as on sc rutinizing the materials as available before this Court and the series of affida vits filed by the parties is of the view that the interim order that was passed on 14.05.2012 requires some modification. Accordingly, in the event of arrest of the petitioner, namely Sri Suresh Garodia he would be released on bail in connection with Bhangagarh P.S. Case No.258/201 1, on furnishing bond of Rs.1,00,000/- (one lakh)only supported by two sureties of the like amount to the satisfaction of the arresting authority, subject to t he following conditions : Within three days from today the original alleged forged documents are t (i) o be submitted to the Superintendent of Police, Guwahati Metro and the Superinte ndent of Police, Guwahati Metro shall seize those documents from the petitioner by preparing a memo of seizure on giving the photocopies of those documents unde r his seal and signature to the petitioner. Those documents, after seizure be pu t under the sealed cover in presence of the petitioner and the petitioner will s ign on the sealed envelope. Another set of photo-copies be sent to the Investiga ting Officer by the Superintendent of Police, Guwahati Metro. The sealed envelop e containing those alleged forged documents be straightway sent, if required, to the State Forensic Science Laboratory or to the other experts for purpose of th e scientific examination. (ii) The petitioner shall not leave the Municipal area of the city of Guwahat i till the investigation is complete or without leave of the Chief Judicial Magi strate, Kamrup, Guwahati. (iii) for dissuading him from disclosing any fact relating to the investigation. The petitioner shall not in any way induce or pose threat to any person The Superintendent of Police, Guwahati Metro shall also ensure the security of t he petitioner and his family for staying at Guwahati. Apart what has been laid, the petitioner shall appear before the Investigating O fficer as and when he would be so required without any plea whatsoever. The Investigating Officer is at liberty to take certified copies of the affidavi ts filed by the parties in this Court which may have bearing in the investigatio n and to examine those persons whose names have surfaced on those affidavits for purpose of drawing the investigation to its logical end. Before parting with the records, the Officer In-charge, Bhangagarh Police Statio n is also directed to give necessary security cover to the respondent Nos. 2 and 3, if so asked for. With this observations and directions, this A.B. Application stands disposed of.