Non-Compliance Of Section 41A CrPC: Gauhati HC Grants Bail To ACS Officer In APSC Exam Scam

The Gauhati High Court granted bail to ACS (Assam Civil Service) Officer being accused in APSC (Assam Public Service Commission) Exam scam on the ground of non-compliance of Section 41A of the Criminal Procedure Code (CrPC).

The Court was dealing with a bail application filed by the accused officer in a case registered under Sections 7 and 13(1)(a)(b)(d)(2) of the Prevention of Corruption Act, 1988 read with Sections 120(B) and 420 of the Indian Penal Code (IPC).

A Single Bench of Justice Robin Phukan said, “Now, the issue before this court is whether there is requirement of compliance under section 41 A- Cr.P.C. It is a fact that the case has been registered under section 7/13(1)(a)(b)(d)(2) of the P.C. Act, apart from some sections under IPC. The contention of the learned counsel for the accused is that though the punishment prescribed under the aforementioned section of P.C. Act is above 7 years after Amendment of the P.C. Act in the year 2018, yet, the occurrence of the present case took place in the year 2013 while the old provision of the Act was in force where punishment prescribed was up to 7 years, and as such, according to learned counsel for the accused, there is requirement of compliance of the provision of section 41A Cr.P.C. and I find substance in the same.”

Advocate S.M. Mollah appeared for the petitioner while Addl. PP R.J. Baruah appeared for the respondent.

Factual Background -

The essence of allegations made in the FIR registered by a woman was that a person had contacted her and asked her to pay a sum of Rs. 10,00,000/- for recruiting her in a post of Dental Surgeon conducted by APSC. While she came to Dibrugarh to hand over the said sum, then the police caught him red handed. The allegation against the petitioner accused was that he had used illegal means to increase his marks by inserting fake answer script in the Combine Competitive Examination 2013 conduced by APSC.

He was alleged to have obtained job of Assam Government by adopting unlawful means in collusion with an arrested accused and other officials of APSC. He was also alleged to have used illegal means to increase his marks in CCE-2013 by inserting fake answer script into his original one.

The High Court in the above regard observed, “The amended provisions of the P.C. Act came in to force with effect from 2018, by which the punishment prescribed in some provisions have been enhanced. However, the occurrence took place in the year 2013. And at that time the old provision of the Act was in force where punishment prescribed was up to 7 years, and as such, there is requirement of compliance of the provision of section 41A Cr.P.C. as held by Hon’ble Supreme Court in the case of Satinder Kumar Antil (supra).”

After going through the materials placed on record and further balancing the period of detention with that of the nature and gravity of the offence, the Court said that a prima facie case for granting bail to the accused person is made out.

Accordingly, the High Court granted bail to the accused on furnishing a bond of Rs. 50,000/- and disposed of the application.

Cause Title- Rakesh Das v. The State of Assam (Neutral Citation: GAHC010015962024)

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