Page No.# 1/4 GAHC010257222024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3803/2024 PRANAB KUMAR GHOSH S/O LATE PRADYUT KUMAR GHOSH R/O R.G. BARUA ROAD, MANIK NAGAR, HOUSE NO. 5, BY- LANE NO. 4, GUWAHATI-781005, DIST. KAMRUP (METRO), ASSAM VERSUS CENTRAL BUREAU OF INVESTIGATION (CBI) REP BY THE SC, CBI Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : SC, CBI, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 03-01-2025 Heard Mr. B.K. Mahajan, the learned counsel for the petitioner and also heard Mr. N. Haloi, the learned Special Public Prosecutor, CBI. Page No.# 2/4 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for bail to the accused/petitioner, who has been languishing in jail hazot since 21.11.2024 in connection with Case No. RC0172021A0004. 3. It is submitted by Mr. Haloi that the case has already been charge-sheeted. 4. In this regard, Mr. B.K. Mahajan, the learned counsel for the petitioner cited a decision of the Hon’ble Apex Court passed in case of Prabir Purkayastha which is reported vide (2024) 8 SCC 254 and stressed on para 19, 21 and 48 of the said judgment wherein it has been held by the Hon’ble Apex Court that it is a right of the accused to know the grounds of arrest and it is the constitutional right under Article 22(1) of the Constitution of India and infringement of the said fundamental right will vitiate the process of arrest and remand. He submitted that even in a case charge-sheet is submitted, in that case also the right remains and illegality and unconstitutionality committed at the time of arresting the accused would remain. Para 19 and 21 of the said judgment speaks as follows:- “19. Resultantly, there is no doubt in the mind of the Court that any person arrested for allegation of commission of offences under the provisions of UAPA or for that matter any other offence(s) has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have to be furnished to the arrested person as a matter of course and without exception at the earliest. The purpose of informing to the arrested person the grounds of arrest is salutary and sacrosanct inasmuch as, this information would be the only effective means for the arrested person to consult his Advocate; oppose the police custody remand and to seek bail. Any other interpretation would tantamount to diluting the sanctity of the fundamental right guaranteed under Article 22(1) of the Constitution of India. 21. The right to be informed about the grounds of arrest flows from Article 22(1) of the Constitution of India and any infringement of this fundamental right would vitiate the process of arrest and remand. Mere fact that a charge-sheet has been filed in the matter, would not validate the illegality and the unconstitutionality committed at the Page No.# 3/4 time of arresting the accused and the grant of initial police custody remand to the accused.” 4. Mr. Haloi, the learned Special Public Prosecutor, CBI submitted in this regard that the present accused/persons were arrested in a similarly situated two cases and in the other case i.e. RC1072021A0003 dated 23.03.2021 the reasons of arrest mentioned and in the forwarding report also reasons of arrest is similar. However, in the present case the accused-petitioner was shown arrested in connection with this case. Mr. Haloi further submitted that as the arrest-memo is not available he is not in a position to say as to whether the grounds/ reasons of arrest were provided to the accused/petitioner or not at the time of his arrest. Mr. Haloi further relied on two decisions of the Hon’ble Apex Court passed in case of Amit Kumar, reported in (2017) 13 SCC 751 and Y.S. Jagan Mohan Reddy ,reported in (2013) 7 SCC 439 and submitted that the present case is also an economic offence which can be considered as a class apart and accordingly he submitted that it is not a fit case wherein the accused/petitioner can be granted with the privilege of bail. 5. In that context Mr. Mahajan submitted that in the case of Prabir Purkayastha (supra) it is also held by the Hon’ble Apex Court that the grounds of arrest and the reasons of arrest are not similar and it is the duty of the police officer to provide grounds of arrest. 6. After hearing the submissions made by learned counsel for both sides, it is submitted that as the case is already being charge-sheeted, I do not find it appropriate to pass any order at this stage and accordingly the petitioner is hereby directed to appear before the learned Trial Court with an appropriate application for bail, which may be considered in accordance with law. Page No.# 4/4 The Bail Application stands disposed of. JUDGE Comparing Assistant