Dr. Sanjib Sinha vs State Of Tripura

Arindam Lodh, J

Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath, learned counsel appearing for the petitioner as well as Mr. S. Ghosh, learned counsel appearing for the State-respondent.

This is an application filed under section 438 Cr.P.C. for granting anticipatory bail to the accused petitioner, namely, Dr. Sanjib Sinha, in connection with Kumarghat PS case no. 2022 KGT 034 registered under sections 409/420 of the IPC.

Drawing my attention to the FIR dated 21.05.2022, I find that there is allegation of only for violation of DFPRT. It is revealed from the FIR that the articles (CB pregnant heifers) which were purchased by the petitioner had been distributed to the beneficiaries.

Mr. Ghosh, learned Additional PP has laid much emphasis on the point of distribution of cows allegedly to non-bonafide beneficiaries.

This court has made a query to Mr. Ghosh, learned Additional PP regarding the report of AG as to how they could arrive at a decision that the beneficiaries to whom the cows were distributed were not bonafide. Mr. Ghosh, has further submitted that it is an economic offence and to find out the chain of the offence, custodial interrogation of the petitioner is necessary. In support of his submission, Mr. Ghosh, has placed reliance upon the decisions rendered in (1997) 7 SCC 187, para 6; (2005) 4 SCC 303, para 19; (2013) 7 SCC 466, para 25.

I have gone through the principals adumbrated in these aforesaid decisions. According to me, the facts and circumstances of the aforesaid cases are quite different from the facts and circumstances of the instant case. In the present case, the alleged offence relates to the year 2014 and the FIR has been lodged only on 21.05.2022 i.e. after elapse of 7 years. The petitioner, at present, is a retired person.

For distribution of articles and animals to the beneficiaries there is a specified committee and it was not possible for the petitioner to take decision alone. The articles and the animals were distributed amongst the beneficiaries with the approval of his superior authorities including the DM and Collector of the District.

I find no materials to substantiate the report of the AG that the cows were distributed to the non-bonafide beneficiaries and there is possibility of misappropriation of government fund. That apart, the allegations leveled against the petitioner are based on documentary evidence and those documents are under the custody of the State.

In this circumstance, according to me, it will not be wise to curtail the life and liberty of a citizen. Thus, I am inclined to release the accused petitioner on anticipatory bail. Accordingly, in the event of arrest, the accused, namely, Dr. Sanjib Sinha may be released on bail on executing a bond of Rs. 50,000/- supported by one surety of the like amount, to the satisfaction of the arresting authority, with further conditions that:

(i) The petitioner shall appear before the investigating officer on 29.06.2022 at 11:00 am;

(ii) The petitioner shall co-operate with the process of investigation in all respects;

(iii) The petitioner shall disclose the names of the higher authorities at the relevant point of time to the investigating officer;

(iv) The petitioner shall not try to tamper the evidences in any manner whatsoever;

(v) The petitioner shall not leave the territorial jurisdiction of this court without prior permission of the investigating officer.

(vi) The petitioner shall appear before the investigating officer as and when asked for.

With this observation and direction, the instant application stands allowed and disposed of.