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2017 DIGILAW 577 (GAU)

Ronbir Kakati v. State of Assam

2017-05-12

RUMI KUMARI PHUKAN

body2017
ORDER : Rumi Kumari Phukan, J. As all the bail petitions arose from the same FIR they are taken up together for disposal. 2. Heard Mr. A.M. Bora, learned senior counsel for petitioners in BA 410/2017 and 411/2017, Mr. B.K. Mahahan, learned counsel for petitioner in BA 406/2017, Mr. R. Kalita, learned counsel for petitioner in BA 435/2017 and Mr. P.N. Sharma, learned counsel for petitioner in BA 463/2017. 3. Earlier, this court in BA 282/2017 and other connected bail petitions has dealt with the prayer for bail of the above accused petitioners and after perusing the case diary rejected the bail prayer by order dated 5.4.2017. 4. Present bail petitions are filed afresh on grounds similar to the ones taken in the earlier petitions with the further ground that investigation may be completed by now and hence further detention of petitioners is unwarranted and all the petitioners have been suspended by now. Further, the marriage ceremony of one of accused Lakheswar Gam is going to be held on 18.5.2017 and so his release on bail is necessary at this hour. 5. Mr. K. Konwar, learned additional public prosecutor appearing for the state has submitted that three more contractors have been arrested in connection with the case at hand and they have implicated petitioner Birendra Nath Sarma and has raised further scope for investigation so his release at this stage may hamper the investigation. It is contended that in other cases the investigating is verging on completion but some necessary documents are yet to be procured and for which process is going on. That apart, necessary communication for obtaining prosecution sanction is being made. 6. I have considered rival submissions, and for the sake of brevity this court is of the opinion that the submissions addressed before this court, which are already answered in BA 282/2017 and connected bail petitions, need not be discussed again. So the present argument regarding the stage of investigation and length of detention will be taken up for consideration at subsequent stage. 7. I have carefully perused the case diary. Three more contractors are arrested in connection with CID PS case 56/2014, and from statement of the said accused person certain incriminating materials emerged against accused Birendra Nath Sarma, who is District Agriculture Officer of Nagaon. 7. I have carefully perused the case diary. Three more contractors are arrested in connection with CID PS case 56/2014, and from statement of the said accused person certain incriminating materials emerged against accused Birendra Nath Sarma, who is District Agriculture Officer of Nagaon. Further, the note of the investigating officer reflects that the investigation is going on for collection of internal audit report of agriculture department and audit report of all the schemes. In this regard communication is made to the Accountant General (Audit), Assam, and the Director of Agriculture, separately. Letter is also issued for obtaining prosecution sanction. 8. It is confirmed in course of investigation that in different districts of Assam the said agriculture officers, hatching conspiracy with various firms etc, have falsely made challans and without procuring such articles as shown in the challans has misappropriate the money released for different schemes. As per the allegation, the Agriculture Department and the Ministry of Agriculture and Cooperation have launched the Rashtriya Krishi Vikash Yojana (RKVY) in the year 2008-2009 and release huge fund for Assam during the financial year 2010-2014. 9. The objective of the scheme was to usher in green revolution to the eastern India and BGREI in Assam and more than Rs 700 crore has been released for the purpose to the agriculture department. The investigation reveals that the fund allocated under the agriculture head is jointly utilised by agriculture and engineering department under the Agriculture Department. The Director of Agriculture has passed orders for supplying various agriculture machinery directing various firms and organisations to supply such items in different districts. After receiving the machineries by district agriculture officers and sub-divisional officers challans and vouchers were sent to the office of the Director of Agriculture for payment to the suppliers and the payment was made to them by the Director of Agriculture. 10. After receiving the machineries by district agriculture officers and sub-divisional officers challans and vouchers were sent to the office of the Director of Agriculture for payment to the suppliers and the payment was made to them by the Director of Agriculture. 10. In course of investigation lot of documents, such as challan, stock register, APR(actual pay receipt) etc of RKVY and BGREI Schemes for the Golaghat and Nagaon districts were seized and verified, and statement of all the beneficiaries was also recorded and thereafter it is found that the above named accused persons while discharging government duty under the capacity of SDAO, executive engineers, assistant executive engineers, junior engineers in agriculture department, without receiving the items from suppliers, have falsely shown different items to have been received and issued to the beneficiaries and thus mis-appropriated huge funds. 11. The material on record would clearly suggest the involvement of all the above accused persons in their official capacities in the alleged offence. Their conduct has already been discussed in my earlier order so it need not be repeated. 12. The conduct of the present petitioners, in the given background, has become more aggravated because such affairs was indulged in while discharging duty as public servants. The offence alleged is under Sections 120(B)/420/406/409 of the IPC read with Section 13(1)(C)/2 of the Prevention of Corruption Act, 1988. 13. The Supreme Court has also come down heavily on corruption matters at official levels. The Supreme Court in State of Karnataka v. Selvi J. Jayalalitha and others in criminal appeal 300-303/2017 arising from SLP(crl.) 6117-6120/2015, Justice Amitava Roy has dealt with corruption matters in the following words. 5. Corruption is a vice of insatiable avarice for self-aggrandizement by the unscrupulous, taking unfair advantage of their power and authority and those in public office also, in breach of the institutional norms, mostly backed by minatory loyalists. Both the corrupt and the corrupter are indictable and answerable to the society and the country as a whole. This is more particularly in re the peoples' representatives in public life committed by the oath of the office to dedicate oneself to the unqualified welfare of the laity, by faithfully and conscientiously discharging their duties attached thereto in accordance with the Constitution, free from fear or favour or affection or ill-will. This is more particularly in re the peoples' representatives in public life committed by the oath of the office to dedicate oneself to the unqualified welfare of the laity, by faithfully and conscientiously discharging their duties attached thereto in accordance with the Constitution, free from fear or favour or affection or ill-will. A self-serving conduct in defiance of such solemn undertaking in infringement of the community's confidence reposed in them is therefore a betrayal of the promise of allegiance to the Constitution and a condemnable sacrilege. Not only such a character is an anathema to the preambulor promise of justice, liberty, equality, fraternal dignity, unity and integrity of the country, which expectantly ought to animate the life and spirit of every citizen of this country, but also is an unpardonable onslaught on the constitutional religion that forms the bedrock of our democratic polity. 6. This pernicious menace stemming from moral debasement of the culpables, apart from destroying the sinews of the nation's structural and moral set-up, forges an unfair advantage of the dishonest over the principled, widening as well the divide between the haves and have notes. Not only this has a demoralising bearing on those who are ethical, honest, upright and enterprising, it is visibly antithetical to the quintessential spirit of the fundamental duty of every citizen to strive towards excellence in all spheres of individual and collective activity to raise the nation to higher levels of endeavour and achievement. This virulent affliction triggers an imbalance in the society's existential strata’s and stalls constructive progress in the overall well-being of the nation, besides disrupting its dynamics of fiscal governance. It encourages defiance of the rule of law and the propensities for easy materialistic harvests, whereby the society's soul stands defiled, devalued and denigrated. 14. The Supreme Court in criminal appeal 767/2017 in State of Bihar and anr. v. Amit Kumar @ Bacha Rai held as follows. "A bare reading of the order impugned discloses that the High Court has not given any reasoning while granting bail. In a mechanical way, the High Court granted bail more on the fact that the accused is already in custody for a long time. When the seriousness of the offence is such mere fact that he was in jail for however long time should not be the concern of the Courts. In a mechanical way, the High Court granted bail more on the fact that the accused is already in custody for a long time. When the seriousness of the offence is such mere fact that he was in jail for however long time should not be the concern of the Courts. We are conscious of the fact that the accused is charged with economic offences of huge magnitude and is alleged to be the kingpin/ring leader. Further it is alleged that the respondent-accused is involved in tampering with the answer sheets by illegal means and interfering with the examination system of Bihar Intermediate Examination 2016 and thereby securing top ranks, for his daughter and other students of Vishnu Rai College, in the said examination. During the investigation when a search team raided his place various documents relating to property and land to the tune of Rs. 2.57 Cr. were recovered besides Rs. 20 lakhs in cash. In addition to this, allegedly a large number of written answer sheets of various students, letter heads and rubber stamps of several authorities, admit cards, illegal fire arm etc. were found which establishes a prima facie case against the respondent. The allegations against the respondent are very serious in nature, which are reflected from the excerpts of the case dairy. We are also conscious of the fact that the offences alleged, if proved, may jeopardize the credibility of the education system of State of Bihar. It should be noted that there is no straight jacket formula for consideration of grant of bail to an accused. It all depends upon the facts and circumstances of each case. The Government's interest in preventing crime by arrestees is both legitimate and compelling. So also is the cherished right of personal liberty envisaged under Article 21 of the Constitution. section 439 of the Code of Criminal Procedure, 1973, which is the bail provision, places responsibility upon the courts to uphold procedural fairness before a person's liberty is abridged. Although 'bail is the rule and jail is an exception' is well established in our jurisprudence, we have to measure competing forces present in facts and circumstances of each case before enlarging a person on bail. Further, it is well settled that socioeconomic offences constitute a class apart and need to be visited with a different approach in the matter of bail. Further, it is well settled that socioeconomic offences constitute a class apart and need to be visited with a different approach in the matter of bail. Usually socioeconomic offence has deep rooted conspiracies affecting the moral fiber of the society and causing irreparable harm, needs to be considered seriously. Further we cannot lose sight of the fact that the investigating agency is going to file additional charge sheet. Therefore, the respondent's presence in the custody may be necessary for further investigation. Hence it is not advisable to release the accused/respondent on bail at this stage." 15. In the present case, considering the nature of accusation and corruption indulged in by the public servants, which is of very serious nature and the fact that the investigation is still going on for collection of relevant documents as referred to above and additional evidence has come up against petitioners and further charge sheet is going to be filed, this court is of the opinion that their release on bail only on the ground of 'length of detention' is not tenable. Tampering of evidence in case of release of petitioners also cannot be ruled out. 16. In view of above the bail petitions are rejected. The case diary be returned.