The court established that police cannot arrest individuals under interim bail without prior court permission, emphasizing the need for proper procedures in maintaining judicial authority over investigative actions.

JUDGMENT :

1. Heard Mr. G. Phukan, learned counsel for the petitioner. Also heard Mr. W.R. Medhi, learned counsel appearing for the Investigating Officer of Dhakuakhana P.S. Case No. 19/2024 and Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam representing the State of Assam and Mr. N.J. Dutta, learned Amicus Curiae.

2. By this application under Section 438 of Code of Criminal Procedure, 1973, the petitioner, namely, Pulin Saikia has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Dhakuakhana Police Station Case No. 19/2024 (corresponding to G.R. Case No. 23/2024) registered under Sections 420 /406 of IPC.

3. In the First Information Report, lodged on 24.02.2024, the petitioner is named as an accused along with one Smti. Pinki Tamuli. In the said FIR, it has, inter alia, been alleged that the accused persons, named in the FIR, along with assistance of 2 (two) other persons opened accounts and received different sums in the name of an organization, Axom Gaonlia Nidhi Limited with the projection that the organization was purportedly a Government approved organization. With the allegation that the money, so received, was not returned with due time, the FIR has been lodged.

4. The petitioner has averred that he is the Chief Executive Officer (CEO) of Axom Gaonlia Nidhi Limited. The contention of the petitioner is that it was never projected that Axom Gaonlia Nidhi Limited is a Government approved organization. It is the contention of the petitioner that the investors were made aware that their investments would be subject to market risks.

5. Considering the nature of allegation made in the FIR, and having regard to the projection made on behalf of the petitioner, a Co-ordinate Bench by its order dated 22.04.2024, granted an interim protection, which is quoted herein below:-

“6. Considering the nature of allegations made in the FIR and having regard to the projections made on behalf of the petitioner, it is provided, in the interim and till further consideration is made on the basis of the materials in the case diary to be produced, that in the event of arrest of the petitioner in connection with Dhakuakhana Police Station Case No. 19/2024, he shall be released on bail on furnishing a bail bond of Rs. 50,000/- with one local surety of the like amount to the satisfaction of the arresting authority, subject to the conditions that :-

[i] the petitioner shall appear before the Investigating Officer [I.O.] of the case within a period of 10 [ten] days from today and shall co-operate with the investigation of the case;

[ii] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

[iii] the petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.” (Emphasize supplied)

6. During the pendency of the aforesaid bail application, the petitioner was arrested on 18.05.2024, on the alleged ground that the petitioner has violated the conditions of bail imposed by this Court under its order dated 22.04.2024, by not appearing before the Invest