THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
this petition is disposed of with a direction that the petitioners shall appear
Provisions considered
- Indian Penal Code, 1860 ss. 120(B), 143, 144, 307, 324, 342, 353
Judgment
Advocate for the Petitioner : MR. N KHATANIAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
29.06.2022 ORDER Heard Mr. N. J. Khataniar, learned counsel for the petitioners. Also heard Mr. P. S. Lahakar, learned Additional Public Prosecutor for the State of Assam. The petitioners namely (1) Kundar Bangthai, (2) Chinu Bangthai, (3) Rahul Bangthai, (4) Chandrewari Bordoloi, (5) Kamala Deuri, (6) Sumitra Deuri and (7) Taramai Bangthai herein are named accused in Page No.# 3/4 respect of Morigaon P.S. Case No. 101/2016 registered under Sections 143/144/120(B)/342/324/307 of the IPC and Morigaon P.S. Case No. 102/2016 registered under Section 143/144/353 of the IPC. A joint investigation was carried out and a common charge sheet was filed by the Investigating Officer wherein the petitioners were shown as absconders. The learned counsel for the petitioners submits that they have been declared as absconders without even searching for them. The learned counsel for the petitioners further submits that as the charge sheet has been filed, no custodial detention of the accused persons are required. Be that as it may, since the petitioners have already been charge sheeted, this petition is disposed of with a direction that the petitioners shall appear before the learned Chief Judicial Magistrate, Morigaon on or before 10.07.2022 with appropriate application for bail which the learned court below shall consider on its own merit and without being influenced by any observation made by this Court in the present order. Till such determination is made by the learned Chief Judicial Magistrate, Morigaon, the petitioners shall not be arrested in connection with the charge sheet arising out of the Morigaon P.S. Case No. 101/2016 registered under Sections 143/144/120(B)/342/324/307 of the IPC and Morigaon P.S. Case No. 102/2016 registered under Section 143/144/353 of the IPC. Accordingly this Anticipatory bail application stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: this petition is disposed of with a direction that the petitioners shall appear
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 120(B), 143, 144, 307, 324, 342, 353.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.