Heard Mr. D. Mazumdar, learned Senior Counsel for the petitioner and Ms. M. Bora, learned Govt. Advocate, Arunachal Pradesh.

This petition was initially filed for issuance of a writ of Habeas Corpus for production of petitioner’s brother Sri Tapan Dutta before the Court and to secure his release from custody.

At an earlier stage of the present proceeding, factual aspect of the case was examined by this Court. In the course of hearing on 09.01.2015, this Court took the view that petitioner’s brother Sri Tapan Dutta, lodged in the Itanagar jail, should be produced before the Court. Accordingly, his production was directed on 20.01.2015.

On 20.01.2015, on production of Sri Tapan Dutta and after hearing learned counsel for the parties, this Court had passed the following order:-

“In terms of the order of this Court dated 09-01-2015, Shri Tapan Dutta has been produced before the Court by Mr. T Buker, S.I of Police, Arunachal Pradesh, Naharlagun Police Station.

This petition has been filed for issuance of writ of Habeas Corpus for production of the brother of the petitioner, Shri Tapan Dutta (accused hereafter).

It is stated that the accused is an insurance agent having licence under the Insurance Regulatory and Development Authority (Licensing of Insurance Agents) Regulations, 2000. He is associated with a company called Genex Infra Projects Ltd., Kolkata. The accused is a resident of Kolkata.

The aforesaid company had collected deposits under various schemes from depositors in various places of Arunachal Pradesh. Allegation is that on maturity of the deposits, the investors were not repaid their dues.

In this connection, Aalo PS Case No. 7/2014, under Sections 420/468/406/120 (B)/34 IPC was registered. Aalo police arrested the accused from Kolkata on 06-05-2014. On 08-05-2014, he was produced before the Chief Judicial Magistrate, Aalo, who, thereafter remanded him to police custody for 4 days. Remand of the accused was thereafter extended. Though bail application was filed, no order for bail was passed. In the process, the statutory period of 60 days under Section 167(2) Cr.P.C expired without completion of investigation with the accused remaining in detention.

Thereafter, the accused was shown arrested in connection with Pasighat PS Case No. 56/2014 registered under Sections 420/34 IPC. The accused moved this Court for bail by filing Bail Application No.2777/2014. The bail application was moved in the Principal Seat on receipt of administrative approval from the Hon'ble Chief Justice (Acting). This Court by order dated 14-11-2014 found that petitioner had completed about 80 days in custody since he was shown arrested on 27-08-2014. Learned Addl. PP had submitted before the Court that to the best of her information charge sheet had not been filed. Having regard to the above, prayer for bail was accepted and it was directed that the accused should be released on bail on furnishing bail bond of Rs. 25,000/- with 2 sureties of like amount to the satisfaction of the learned Judicial Magistrate, First Class, Pasighat subject to the condition that he should continue to cooperate with the investigation of the case and should appear before the IO as and when required.

It is stated that on 19-11-2014, learned Judicial Magistrate, First Class, Pasighat accepted the bail bond submitted on behalf of the accused and issued release order.

It is alleged that even after passing of the release order, the accused was not released and he was kept in illegal detention.

Request made by the petitioner and other family members and lawyers of the accused for release of the accused went in vain. It is further alleged that whereabouts of the accused Shri Tapan Dutta was not known thereafter. It is under such circumstances, the present Habeas Corpus petition has been filed.

On 12-12-2014, Mr. RKD Choudhury, learned State Counsel, Arunachal Pradesh submitted before the Court that the accused was again arrested in connection with Basar PS Case No. 9/2014. This