Guwahati: Vice-Chancellor of Don Bosco University, Stephen Mavely was granted bail by the Gauhati High Court in connection with the abetment of the suicide of resort pioneer George Bordoloi.
Stephen Mavely was arrested on May 24 in connection with a case registered under Section 306 IPC in regard to an FIR lodged by Patrick Bordoloi after the death of his father George Bordoloi.
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Bordoloi who is known to be one of the pioneers of resort tourism in Assam committed suicide on May 23 leaving behind a suicide note with Mavely’s name.
The bail order stated that the learned Senior Counsel submits that the petitioner, who is aged
about 72 years, is presently the Vice-Chancellor of Assam Don Bosco University having
its Campus at Sonapur.
“The connected FIR which is dated 23.05.2022 is lodged by one Patrick Bordoloi, son of the deceased, alleging that his father had committed suicide within the Campus of the Eco Camp at Sonapur and he suspects the involvement of the present petitioner”, the order added.
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“The FIR goes on to narrate that the present petitioner on earlier occasions used to torment the deceased mentally by levelling false and fabricated charges of trespass, intrusions and damaging their crops and plantations”, read the order.
The court added that reference to a court case is also made in the FIR wherein, summons were
said to be received by the deceased for which he was suffering mental agony and the allegation is that the present petitioner had forced him to commit suicide.
It further stated that the deceased was a Social Worker and a nature lover and the construction work done by the present petitioner within the University Campus had led blocking of the elephant corridor which resulted in the destruction of the crops by the elephant in the village.
“On the other hand, Shri M. Phukan, learned Public Prosecutor, Assam while vehemently objecting the prayer for grant of bail has submitted that the present case is at a very nascent stage where investigation has just started and releasing the petitioner on bail, at this stage, will hamper the investigation. The learned Public Prosecutor, further submits that the offence under Section 306 is a very serious one wherein a prayer for bail has to be considered with circumspection. Supporting the State, Shri A. Choudhury, learned counsel appearing for the informant has assisted the learned Public Prosecutor and has submitted that allegations are serious wherein the accused petitioner has been named and in view of that, it may not be justified to grant bail at this stage. The learned counsel also refers to a judgment of the Hon’ble Supreme Court wherein the order of the High Court in quashing an F.I.R. with the allegation of 306 IPC by taking recourse to Section 482 of the Cr.P.C. has been deprecated”, the order added.
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The order added, “This Court has considered the rival submissions made by the learned counsel
for the parties. Grant of bail in the exercise of powers vested by the Cr.P.C. is a matter of discretion
which needs to be exercised by considering all the attending facts and circumstances. In the instant case, the petitioner is a Vice-Chancellor of a prestigious Educational Institution and there is nothing on record, till now, regarding any blemish on his part.”
The order further added, “Though there is an allegation that because of certain acts of the petitioner, the father of the informant had committed suicide, a bare reading of the F.I.R. would show that such action constitutes filing of a civil case by the petitioner against the deceased and also making certain constructions within the University Campus leading to destructions of crops by the Elephant in the concerned village. Whether the aforesaid allegation, per se would constitute the ingredients laid down under Section 107 of the IPC are matters to be examined at the time of trial.”
It added, “However, the prima facie view of this Court is that the allegations of instigations have to be direct and the test to be applied is that of a reasonable mind. The further aspect while considering an application for bail is the requirement of custodial detention and the aspect as to whether the attendance of the accused can be secured. As observed above, the petitioner is a Senior Citizen of about 72 years and is the Vice Chancellor of a University.”
The court order further added, “Though the same itself may not absolve him of any criminal liability, at this stage of grant of bail, those aspects would definitely have a role. The case relied upon by Shri Choudhury, the learned counsel for the informant is not applicable as prima facie the situation is wholly different. Whereas, in the cited case, the F.I.R. was quashed under Section 482 of the Cr.P.C., in the instant case, the prayer is for bail only.”
It added, “Under the aforesaid facts and circumstances, this Court is of the opinion that a
case for grant of bail is made out. Accordingly, the present petition is allowed by directing that the abovenamed applicant in connection with the aforesaid police case be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five thousand) only, with two sureties of the like amount subject to the satisfaction of the learned CJM, Kamrup (M).”