ANAMUL HAQUE LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned senior counsel, assisted by his instructing counsel. Also heard Mr. K. Konwar, learned Addl. Public Prosecutor appearing for the State, who has produced the case diary.

(2.) The petitioner is seeking pre-arrest bail under Section 438 Cr.P.C. in connection with Dispur P.S. Case No. 1816/2011 under sections 120B/420/468/ 409 I.P.C.

(3.) The learned senior counsel has submitted that the petitioner is now about 70 years old. He had superannuated on 31.03.2009 as the Chief Engineer (Irrigation) and thereafter the State re-employed him as Officer on Special Duty in the Irrigation Department of the State initially for one year from 01.04.2009 and his employment was extended from time to time till he resigned from service on 09.03.2011 and thereafter he had contested the State election in the year 2011 and was elected as the M.L.A. It is submitted that the first round of investigation of the case had resulted in submission of a final report by the police, thereby exonerating the petitioner and after the final report was not accepted by the learned Chief Judicial Magistrate, the matter was reinvestigated, and till date no incriminating material warranting custodial interrogation could be unearthed by the I.O. Hence, the learned senior counsel has prayed to make the interim pre-arrest bail absolute. In support of his submissions, the learned senior counsel has placed reliance on the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra, (2011) 1 SCC 694.