The right to liberty of the accused must be reasonably balanced with the need for the protection of the interest of society, especially in cases of serious socio-economic offences.

JUDGMENT :

AJIT BORTHAKUR, J.

Heard Mr. D. Das, learned Sr. Counsel appearing for the accused petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, Assam for the state respondent.

2. This petition under Sec. 439 Cr. P.C. is filed by the accused Shri Rakesh Kumar Paul, the then Chairman, Assam Public Service Commission ('A.P.S.C.' for short), seeking his release on bail in connection with Special Case No. 5/2017 corresponding to Bhangagarh P.S. Case No. 159/2017 under Ss. 120B/420/468 of the IPC read with Ss. 7/13(1)(a)(b) (d)/13(2) of the Prevention of Corruption Act, 1988 ('P.C. Act' for short).

3. The Scanned copy of the case record along with the case diary and status report, as called for, is placed before the Court.

Prosecution Case:

4. The factual matrix of the case is that an F.I.R. was lodged on 17/8/2017 by one Bedanta Bikash Das before the Officer-in-charge, Bhangagarh P.S., alleging, inter-alia , that in the year 2014, he appeared in the written examination for Selection to the post of Agriculture Development Officer ('A.D.O.' for short) under A.P.S.C. and after passing the written examination, he appeared for oral interview held in 2015. But, the informant alleged that he was not successful in the interview as the present accused petitioner, who was the then Chairman of A.P.S.C. through his agent demanded Rs.15.00 lakhs from him as gratification. The informant had paid Rs.50,000.00 to the accused petitioner at Satsang Vihar with the hope of getting selected in the interview, but when he sought information from A.P.S.C. through RTI, he found that one Mrigen Haloi secured 78 marks amongst 5 candidates of reserved category and that the said candidate secured 80 marks in the viva voce test. The informant suspected that the said candidate was able to pass in the examination by paying illegal gratification of Rs.15.00 lakhs to the accused petitioner and his agent.

Investigation:

5. Based on the aforesaid F.I.R. Bhanga garh P.S. Case No. 159/2017, dt. 17/8/2017 was registered under Ss. 120B/420/468 of the IPC read with Ss. 7/13(1)(a)(b) (d)(III)(2) of the P.C. Act and after completion of investigation police laid a charge sheet on 9/10/2017 against the accused petitioner and another under Ss. 7/13(1)(a)(d)(III) (2) of the P.C. Act and Ss. 120B/420 of the IPC. The investigating officer submitted 6 (six) numbers of supplementary charge-sheet against co-accused persons.

An Overview:

6. A Perusal of the case records prima facie reveals that the petitioner, who is arrayed as accused, had demanded an amount of Rs.15.00 lakhs as bribe from the informant, namely Sri Bedanta Bikash Das and demanded and received different amounts from other candidates, who appeared in the aforesaid A.P.S.C. written examination held for the post of A.D.O. in the year 2014 and viva voce test held in the year 2015 with an assurance to them to select for the said post. It is also revealed that the accused petitioner had accepted an amount of Rs.50,000.00 from the informant at Satsang Vihar, Bhangagarh, Guwahati and from other candidates in various places. The accused petitioner along with other Members of the A.P.S.C. had allegedly committed forgery of documents such as tabulation sheets etc. with an intention to use those documents for the purpose of selecting unqualified candidates in the aforesaid competitive examinations conducted by A.P.S.C. for selection to the post of A.D.O.

Arguments:

7. Mr. D. Das, learned Sr. Counsel appearing for the accused petitioner, submitted that the accused has been languishing in jail for a prolonged period of more than 5 years since he was shown arrested in connection with the case on 17/8/2017 despite he completed one-half term of punishment prescribed for the offence under Ss. 7/13(2) of the P.C. Act which provides for a maximum imprisonment period of 10 years. Mr. Das further submitted that the charge-sheet was filed on 9/10/2017 against the accused petitioner and another. The charges were framed on 18/12/2021 and