Sisir Biswas vs. The State Of Assam

Held

The Court disposed of the anticipatory bail application by directing the petitioner, Sisir Biswas, to appear before the learned Court below on or before 15.05.2024, to apply for regular bail. The Court stated that the learned Court below shall consider the regular bail application in accordance with law. Until then, the petitioner was granted interim pre-arrest bail upon executing a bond of ₹50,000/- with one surety of like amount, subject to conditions including appearing before the court by the specified date, not inducing or threatening witnesses, and not leaving the jurisdiction of the learned C.J.M., Kamrup(M), without prior permission. The Court did not make a definitive finding on the petitioner's innocence or guilt, but rather facilitated the process for seeking regular bail post-charge-sheet.

Facts

The petitioner, Sisir Biswas, sought pre-arrest bail in connection with Chandmari P.S. Case No. 452/2023, registered under Sections 420/406 IPC. The FIR was lodged by Biswajit Malakar, alleging that he purchased a flat from M/s Subham Builders, represented by its proprietor Sisir Das (the petitioner), for a total consideration of ₹21,23,000/- plus ₹1,06,150/- as GST. After taking possession, the informant discovered the flat occupied by another person, Lily Choudhury, and learned that the petitioner had allegedly fraudulently sold the same flat to her. The petitioner's first pre-arrest bail application was dismissed. This second application was filed citing the wife's ailment. The prosecution stated that investigation was complete and charge-sheet had been filed.

Key Issues

1. Whether the petitioner is entitled to pre-arrest bail under Section 438 Cr.P.C. in light of the alleged fraudulent sale of a property and the submission of a charge-sheet. The petitioner argued that he is innocent, ready to cooperate with the investigation, and that his wife is suffering from serious ailments, necessitating his presence. He relied on the ground of his wife's illness for this second bail application. The State argued, through the Additional Public Prosecutor, that the investigation was complete and a charge-sheet had been filed under Sections 420/406 IPC, indicating the seriousness of the allegations. No specific legal provisions or precedents were cited by either side in the provided text.