ORDER

08.02.2021 By this application under Section 439 CrPC, petitioner, namely, Sri Gautam Baruwa, who was arrested on 25.02.2020, has prayed for granting him regular bail, in connection with CM’s Special Vigilance Cell Police Station Case No. 9/2017, under Sections 120(B)/406/409/468/471/420 IPC, read with Section 13 (2) of the Prevention of Corruption Act, 1988.

2. Heard Mr A Choudhury, learned counsel for the petitioner. Also heard Mr N K Kalita, learned Additional Public Prosecutor for the State of Assam.

3. The LCR, along with the status report submitted by the learned Presiding Officer has been produced.

4. Pursuant to an allegation received from the erstwhile Labour Commissioner, Tapan Chandra Sarma, to the effect that during the years 2013-2016, the then Labour Commissioner –cum- Member Secretary and the Chairman and other staff of Assam Building and Other Construction Workers Welfare Board (in short, “ABOCWWB”), Guwahati, illegally incurred huge expenditure in printing leaflets, folders and booklets for awareness campaign and also printing of forms and registers without receiving indent from the Field Officers, violating the prescribed limits, an enquiry was conducted by the Inspector of Police, CM’s Vigilance Cell and on the basis of self conducted enquiry by Inspector, Mrinal Sarma, the FIR was lodged, alleging that the FIR named accused persons were involved in printing of various forms and other items for three successive years, in the name of publicity of campaign for labour awareness, which involves a cumulative amount of Rs. 121 crores, while disbursing the work to the particular firms, large scale collusion is alleged to have been indulged into, in the form of manipulation of floating tenders in inflated rates and thereby, causing wrongful loss to the State exchequer and wrongful gain to the accused persons. The aforesaid FIR was registered as SVC Case No. 9/2017, under Sections 120(B)/406/409/468/471/420 IPC, read with Section 13 (2) of the Prevention of Corruption Act, 1988, against- 1) Chohan Doley, IAS, the then Labour Commissioner –cum- Member Secretary, 2) Gautam Baruwa, the Chairman of ABOCWWB, 3) N N Choudhury, Administrative Officer of the Board, 4) Priyanshu Bairagi, Proprietor of Purbashree Printing House, Patacharkuchi, 5) Officials of Sarba Siksha Abhijan Mission, Assam.

5. During investigation three accused persons, Chohan Doley, N N Choudhury and Priyangshu Bairagi were arrested and charge sheet was also laid against them, pending further investigation under Section 173 (A) of CrPC. Those three accused persons were subsequently released on bail. Present accused person, Gautam Baruwa, who is stated to have absconded at the initial stage, but, later on, he was also arrested on 24.02.2020 and, thereafter, were sent to judicial custody and charge sheet was also laid against him, after obtaining prosecution sanction under Section 197 of the CrPC. The learned trial Court in its status report has submitted that prosecution sanction as regards the other accused, Chohan Doley is not yet furnished under Section 19 of the PC Act and the proposal has been sent by the Secretary to the Government of India to the Prime Minister’s office in this regard. Soon after obtaining the prosecution sanction order against Chohan Doley, the learned Court will consider the matter of taking cognizance of offences against the accused persons.

6. Thus, from the matters on record and the LCR, it reveals that the charge sheet has already been laid against all the accused persons at different stages and the case is pending for taking cognizance.

7. The learned counsel for the petitioner has submitted before this Court that all remaining charge sheeted accused(s), except the present petitioner, have been granted bail by this Court as well as the trial Court and the bail prayer of the present accused petitioner should also be considered, in view of length of detention and as a matter of parity. Different bail order(s) of those accused p