SUSMITA PHUKAN KHAUND
Indrajit Bora – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Susmita Phukan Khaund, J.
Heard Mr. G. Sahu, learned counsel for the petitioner Shri Indrajit Bora.
2. The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) read with Section 482 of the CrPC as he is apprehending arrest in connection with ACB Police Station Case No. 69/2023 registered under Sections 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988 (the PC Act for short).
3. It is submitted on behalf of the petitioner that a notice dated 20.01.2024 was received from the Officer-In-Charge of Hatigaon Police Station, East Police district, Guwahati wherein it was stated that in connection with ACB Police Station Case No. 69/2023, the petitioner was to appear before the Superintendent of Police, Directorate of V & AC, Assam, Srimantapur, Guwahati on 24.01.2024 at about 11.00 AM for examination and recording his statement in connection with the aforementioned case. He was also directed to carry his PAN Card. The petitioner obtained a copy of the detailed report submitted by the Superintendent of Police, Directorate of V &AC to the Deputy Secretary to the Government of Assam wherein the Superinten
Anticipatory bail granted under Section 438 CrPC for a government servant accused of disproportionate assets, emphasizing cooperation with investigation and non-flight risk.
The prosecution must establish disproportionate income to deny bail under the Prevention of Corruption Act.
Point of law: Corruption in a society is required to be detected and eradicated at the earliest as it shakes “the socio-economic-political system in an otherwise healthy, wealthy, effective and vibra....
The court upheld that a second FIR can be maintained if substantial new evidence or distinct allegations arise, confirming the validity of proceedings regarding disproportionate assets under the Prev....
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