Manish Choudhury, J.:— Heard Mr. B.K. Mahajan, learned counsel for the petitioner and Mr. N.K. Kalita, learned Additional Public Prosecutor for the State of Assam.
2. This application has been filed under Section 438, Code of Criminal Procedure, 1973 (CrPC), seeking pre-arrest bail in connection with Vigilance Police Station Case No. 03/2020.
3. The allegations against the petitioner are, inter-alia, to the effect that when he was serving as a Block Development Officer in Hajo Development Block, there were financial improprieties as regards CM's Special Fund for the year 2015-2016. A FIR was lodged by the Deputy Superintendent of Police, CM's Special Vigilance Cell, Assam after regular enquiry being Regular Enquiry no. 25/2019, resulting in registration of Vigilance Police Station Case no. 03/2020.
4. Mr. Mahajan has submitted that the petitioner has, in the meantime, received a notice under Section 41A, CrPC.
5. Mr. Kalita, learned Additional Public Prosecutor has submitted that though the concerned case diary has been received, the Investigating Officer has mentioned that the investigation is at an early stage and the statements of all the relevant witnesses could not been recorded due to the present lockdown situation declared by the Government due to Covid-19 Pandemic. He has submitted that the actual scenario will emerge only after relevant witnesses including the beneficiaries, are examined.
6. Mr. Kalita has, therefore, submitted that an updated case diary could be produced after 3 (three) weeks and since the petitioner has been served with the notice under Section 41A, CrPC, in the meantime, he can appear before the Investigating Officer on the date fixed for such appearance and for such appearance, he could be provided interim protection. Mr. Kalita has further submitted that such interim protection may be only till the production of the updated case diary, on the next date fixed.
7. In view of the above submissions made by the learned counsel for the parties, it is provided that till production of an updated case diary, no coercive action against the petitioner shall be taken and the petitioner may appear before the Investigating Officer of the case in terms of the notice served on him under Section 41A, CrPC.
8. List the matter on 22.06.2020.
9. Let a copy of this order, if requested, be issued to the learned counsel for the petitioner under signature of the Court Master.
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