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Judgment
All these applications are made under Section 439 CrPC seeking bail by the petitioners, namely, 1. Prasenjit Kr. Ghosh, 2. Dr. Ganesh Chandra
Das, 3. Srabanti Sengupta, 4. Barnali Das, 5. Kaushik Kalita, 6. Smt. Kavita Das @ Kabita Das, 7. Smti Suranjita Hazarika and 8. Sri Utpal Bhuyan,
who are in detention in connection with Dibrugarh P.S. Case No. 936/2016 under Section 7/13(1)(a) (b)(d)(2) of the Prevention of Corruption Act,
R/W Section 120(B)/420/463/468/471/201 IPC.
Learned Sr. Counsel Mr. S.S. Dey, learned Sr. Counsel Mr. B.D. Konwar, learned counsel Mr. M. Pracha, learned counsel Mr. K. Saikia and
learned counsel Mr. P. Dutta, were heard for the petitioners and Mr. P.P. Barua, learned Public Prosecutor assisted by Mr. N.K. Kalita, learned
Addl. Public Prosecutor for the State respondent were heard.
These cases relate to the APSC scam of job for cash. The contention of the learned counsel for all the petitioners is that the petitioners may be
released on the ground of parity as the co-accused standing on the same footing have already been enlarged on bail by this court.
This court by an elaborate judgment dated 11.10.2018 passed in BA. No. 1637/2018 & Ors. already granted bail to some of the co-accused. The
present petitioners stand on the same footing and are covered by the judgment and order dated 11.10.2018 and as such, they are also entitled bail on
parity. It is therefore provided that the petitioners named above shall be released on executing a bail bond of Rs. 1,00,000/- each with two suitable
solvent sureties of the like amount to the satisfaction of the learned Special Judge, Assam. The bail granted to the petitioners shall be subject to the
following conditions:
a. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts or the case so as to
dissuade him to disclose such facts to the Court or to any other authority.
b. They shall remain present before the Court on the dates fixed for hearing of the case. If they want to remain absent, then they shall take prior
permission of the court and in case of unavoidable circumstances for remaining absent, they shall immediately give intimation to the appropriate court
that they may be permitted to be present through the counsel.
c. They will not dispute their identity as the accused in the case.
d. They shall surrender their passport, if any (if not already surrendered), and in case, they are not a holder of the same, they shall swear to an
affidavit to that effect.
e. They would not leave the territorial limits of the trial court without the written permission of the trial court.
f. They would report before the trial court and the investigating officer once a month, till the investigation in the case is completed and trial
commences. The date of such appearance shall be fixed by the Special Judge or the investigating agency as the case may be.
g. The investigating agency/prosecution shall be at liberty to make any application for modification/recalling the order of bail for violation of any
condition of bail imposed by this court.
All the bail petitions are disposed of.
Return the case diary.