Mir Alfaz Ali DECISION
Mir Alfaz Ali, J.
1. This is an application u/s. 439 Cr.P.C. praying for bail of the petitioner Dr. Basanta Kumar Doley, who has been in detention in connection with Bhangagarh P.S. Case No. 159/2017 u/s. 120(B)/420/468 of the IPC read with Section 7/13 (1) (a) (d) (iii) (2) of the Prevention of Corruption Act.
2. Mr. Z. Kamar, learned senior counsel for the petitioner and Mr. P.P. Baruah, learned Addl. Public Prosecutor for the State were heard. Also perused the case diary.
3. On 17-08-2017 one Bedanta Bikash Das lodged an FIR with the Bhangagarh Police Station alleging that he appeared in the Competitive Exam conducted by the Assam Public Service Commission for the post of Agricultural Development Officer (ADO) in the year 2014. The Chairman of the Assam Public Service Commission (in short APSC) Sri Rakesh Paul and his associate one Mr. Mushoraf Hussain demanded Rs. 15 lakhs as bribe. Accordingly, the informant paid Rs. 50,000/- to the Chairman of the APSC Sri Rakesh Paul at Satsang Bihar, Bhangagarh as advance. But he could not succeed in the exam as he failed to fulfill the demand of money made by said Rakesh Paul. Later on, he came to know from the information, supplied by the APSC on his application under the RTI Act, that there was anomalies in the marks given to the candidate in the viva voice test. In two replies given by the APSC, different marks were shown against the same candidate. On the basis of the said FIR police registered the case and started investigation and charge-sheet was filed against the chairman of the APSC Sri Rakesh Paul and another. However, having regard to the larger conspiracy involved in the matter, further investigation continued and a supplementary charge-sheet was filed on 12-07-2018 against the present petitioner, who was a member of the APSC. The petitioner was arrested on 17-05-2018 and since then he has been in detention. In the meantime, prosecution sanction has also been accorded for prosecuting the present petitioner as well as the Chairman of the APSC, Mr. Rakesh Paul.
4. Learned counsel for the petitioner Mr. Z. Kamar submitted that the petitioner has been in detention for about 10 months and the trial has not yet started, even the cognizance has not been taken by the learned trial court and therefore, pray for releasing the petitioner on bail. It was also contended, that the petitioner is an old man of 64 years and is an ailing person, and as such, requires better medical treatment, which may not be possible in the custody.
5. Referring to an averment made in the supplementary charge-sheet, submitted against the present petitioner, more particularly, clause 17.7, Mr. Kamar contends that investigation was yet to be completed and therefore, the charge-sheet submitted against the petitioner could not be considered a final report as contemplated u/s. 173 (2) of the Cr.P.C., and as such, petitioner is also entitled to default bail due to failure of the police to submit charge-sheet within the statutory period u/s. 167 (2) of the Cr.P.C. In support of his submission, Mr. Kamar placed reliance on a decision of Allahabad High Court in Crl. Misc. Case 4621/2010 Bhartendu Pratap Singh -VS- State of U.P. and Anr.
6. In view of submission made by the learned counsel, let me address at the outset, the contention of Mr. Kamar, regarding the entitlement of the petitioner to get default........