STATE OF WEST BENGAL Vs. B K GOSWAMI

JUDGEMENT

(1.) -This criminal revision is directed against the Order No. 130 dated 9.7.92 passed by the Judge 5th Special Court, Calcutta in Case No. 1 of 1982 discharging the accused from the case directing forthwith release of the accused from the respective bait bonds.

(2.) The State is highly dissatisfied with and aggrieved by the order of discharge has come up before this court in revision for reversal of the order of the discharge to be replaced by the order of conviction. However, to understand the note of the argument, brief 'resume' of facts is essential.

(3.) The accused No. 1 B.K. Goswami, Technician Bagdogra I.A.F. Exchange on 13.2.80, submitted a T.A. Bill of Rs. 1050/- for the pseudo tour of his wife, mother and daughters in Bus No. UPF-5555 for the period between 15.4.80 to 29.4.80. He submitted a fake bill said to have been issued by accused No. 5. It is notorious to find that not only the wife of the accused No. I but also Sulekha, the daughter alleged to have attended P&T Dispensary on 25.4.80 for their treatment. The bus by which the parties travelled had no route permit for such tour during the sold period from Siliguri to Kanyakumari.