STATE OF ASSAM Vs. R K KRISHNA KUMAR

JUDGEMENT

(1.) These applications for grant of anticipatory bail under Section 438 Cr.P.C. as originally presented to the Bombay High Court, have been transferred to this Court by an order of the Supreme Court passed on 24.10.97, in Criminal Appeal Nos. 1004, 1005 and 1006/97 (arising out of SLP (Crl.) Nos. 3029, 3163 and 3262 of 1997 respectively).

(2.) This bail petitions were to be heard on 4.11.97, but for want of original record, could not be taken up for hearing as till then the record was not neceived by this Court as it was not sent by the Bombay High Court. Since the interim crder as passed by the Bombay High Court had been extended up to 7.11.97 by the Supreme Court, the hearing on 4.11.97 had to be adjourned to 7.11.97, reminding the Bombay High Ccort to send the record which was received in the Registry of this Court on 6th, accordingly it was on 7th, that the matter was finally and fully heard.

(3.) Mr. Jethmalini, learned Senior Counsel appearing for the applicants prefaced his argument by denouncing the prosecution as 'persecution' carried on through the investigation in the name of the State, to tarnish the fair name and image of the Tatas', who have rendered a yeoman service in building the nation. Tracing the clear track record of service, with particular reference to the State of Assam, be questioned the propriety of initiation and investigation of the case, singling out Tata Tea, attributing the same, to sinister political motives, lack of co-ordination between Central and State Governments in handling and solving the burning; issue of insurgency and militancy extremists activities in the State and a mere sense of satisfaction of personal ego of powers that be.