Partly allowed

Prafulla Kr. Nath and Anr. v. the State of Assam

Gauhati HC12 Feb 2018I.A.(Crl.)/542/2017

Case brief

AI extract

What is this about?

Petitioners sought to incorporate Section 302 IPC into an earlier pre-arrest bail order obtained in a case registered under different sections. The court held revision of the order unnecessary and directed petitioners to approach the appropriate court for regular bail.

What did the court decide?

Prayer to incorporate Section 302 IPC in the earlier bail order rejected; petitioners directed to approach appropriate court for regular bail.

Prafulla Kr. Nath and Anr. Vs the State of Assam — Cheating and Forgery | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010033252017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.) 542/2017

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In AB No.4257/2014

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1:PRAFULLA KR. NATH and ANR

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VERSUS

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1:THE STATE OF ASSAM

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Advocate for the Petitioner : MR.I CHOUDHURY Advocate for the Respondent : PP, ASSAM

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER

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Date : 12-02-2018

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Heard Mr. R. L. Chutia, learned counsel for the petitioners and Mr. M.P. Goswami, learned Addl. PP, Assam.

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By this application the applicant/petitioner have prayed for incorporating Section 302 of the IPC in the order dated 30.10.2014, passed earlier in AB No.4257/2014 that was preferred by the petitioners.

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Apprehending their arrest in Bongaigaon P.S. Case No. 520/2014 registered under Sections 341/325/326/34 of the IPC, the petitioners earlier approached this court in AB No. 4257/2014 and finding one Tushar Nath as the main accused of the case and on considering the evidences so far recorded by the concerned I/O as well as the post mortem report of the deceased, this court vide order dated 30.10.2014 granted pre arrest bail to those petitioners

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i.e., the present applicants herein. However, in the said pre arrest bail application under Section 438 of the IPC, the applicant/petitioners did not add Section 302 of the IPC and accordingly, this court by order dated 30.10.2014 passed in AB No.4257/2014 for the reasons above granted pre arrest bail to the petitioners in Bongaigaon P.S. Case No. 520/2014 as registered under Sections 341/325/326/34 of the IPC.

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On instructions Mr. Goswami, learned Addl. PP., submitted that later during the investigation of the case on the prayer of the concerned I/O, Section 302 of the IPC was added to said Bongaigaon P.S. Case No. 520/2014 and on completion of the investigation the authorities concerned on 28.02.2015 submitted the charge sheet in said Bongaigaon P.S. Case No. 520/2014 under Sections 341/325/326/34 of the IPC with added Section 302 of the IPC

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In that circumstances now the applicant/petitioners of said Bongaigaon P.S. Case No. 520/2014 has approached this court to incorporate Section 302 of the IPC in the order of their pre arrest bail granted earlier by this court on 30.10.2014 in AB No.4257/2014.

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The applicant/petitioners have preferred AB No.4257/2014 in said Bongaigaon P.S. Case No. 520/2014 registered under Sections 341/325/326/34 of the IPC where Section 302 of the IPC was not added in the said pre arrest bail application and the pre arrest bail was granted to the petitioners in that circumstances.

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Considering the above, this court is of the view that such incorporation Section 302 of the IPC is not required in the order dated 30.10.2014, passed earlier in AB No.4257/2014 and accordingly the prayer of the petitioners, in that circumstances, stands rejected.

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However, as in the meanwhile charge sheet has been filed in said Bongaigaon P.S. Case No. 520/2014 registered under Sections 341/325/326/34 of the IPC with added Section 302 of the IPC, the petitioners may approach the appropriate Court for their regular bail in the said case.

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I.A accordingly disposed of.

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JUDGE

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Comparing Assistant

Prafulla Kr. Nath and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Prafulla Kr. Nath and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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