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2020 DIGILAW 437 (GAU)

Soumitra Chowdhury v. State Of Assam

2020-04-02

AJAI LAMBA

body2020
JUDGMENT 1. Soumitra Chowdhury has filed this application for bail under Section 439 of the Code of Criminal Procedure in BI(EO) PS Case No.13/2018 registered under Sections 120(B)/420/406/468/471 of IPC added Section 409 of IPC. 2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge. 3. I have heard Mr. BK Mahajan, learned counsel for the applicant and Mr. NJ Dutta, learned counsel for the prosecution. 4. Gist of the accusation in the FIR is that in abuse of official position as Chief Manager of Central Bank of India, Regional Office, Jorhat Cent Kissan Credit Cards were made to give credit facilities to farmers. In the process heavy sum of money has been embezzled by manipulation of record through forgeries. 5. Contention of learned counsel for the applicant is that the applicant being in senior position is only required to sign the documents. The verification of each applicant is done by the junior staff. Agricultural Field Officer, Smti. Dipa Rani Das is the person who put up the files for sanction of loan to account holders. On presenting the file, the applicant signed. 6. Learned counsel for the applicant has argued that Smti Dipa Rani Das has already been allowed bail by this Court while dealing with Bail Appln 1391/2019 vide order dated 7.6.2019. Likewise, Sri Prafulla Kumar Das another co-accused has been allowed bail while dealing with Bail Appln 2651/2019 vide order dated 17.9.2019. 7. It has been argued that the case is based on documentary evidences which have already been seized. In such circumstances, no purpose of law or investigation would be served by further detention of the applicant. Learned counsel has also pointed out from the documents filed with the application for bail that the applicant has multiple medical complications, including fatty livery, fatty pancreas, high uric acid, prostate issues, thyroid issues and diabetes. 8. Mr. NJ Dutta, learned counsel for the prosecution has not been able to dispute that co-accused have already been allowed bail as noticed above. It has further not been disputed that police remand of the applicant cannot be taken in view of detention period since 13.2.2020. 9. Considering the totality of facts and circumstances of the case, the application is allowed. 10. It has further not been disputed that police remand of the applicant cannot be taken in view of detention period since 13.2.2020. 9. Considering the totality of facts and circumstances of the case, the application is allowed. 10. It is directed that the applicant, namely Soumitra Chowdhury be released on bail on his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Kamrup (Metro), Guwahati. 11. Let copy of this order be provided under the signature of the Court Master.