Allowed

Ethnan Marak v. the State of Assam and Anr.

Gauhati HC10 Feb 2020Crl.Pet./115/2020

Case brief

AI extract

What is this about?

The Gauhati High Court considered a criminal revision petition against a lower court order. The applicant apologized for non-appearance in the trial court after a warrant was issued. The court allowed the application, directing the trial court to grant bail upon surrender upon furnishing Rs. 5000.

What did the court decide?

The High Court directed the trial court to allow the petitioner to go on bail upon surrender by furnishing bond of Rs. 5,000.

Ethnan Marak Vs the State of Assam and Anr. — Bail and Remand | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010017332020

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

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Case No. : Crl.Pet. 115/2020

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1:ETHNAN MARAK

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S/O DISAN SANGMA, R/O VILL-POLLARGRI, P.O.-HELIDIGANJ, P.S.-TURA, DIST-WEST GARO HILLS, MEGHALAYA

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VERSUS

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1:THE STATE OF ASSAM AND ANR.

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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2:HAV. DESRAJ ARMY CAMP NIDANPUR GOALPARA ASSAM PIN-78312

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Advocate for the Petitioner : MR. M AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 10-02-2020

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Heard Mr. M. Ahmed, learned counsel for the petitioner as well as Mr. D. Das, learned Additional PP for the State.

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The order dated 30.11.2019 passed by the learned Judicial Magistrate, First Class, Goalpara in G.R. Case No.926/2013 is assailed under section 397/ 482/401 Cr.P.C.

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Page No.# 2/3

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At the outset, the learned counsel for the petitioner submits that he is not pressing the provision of section 397 Cr.P.C. in this application. Accordingly, the learned counsel for the petitioner is permitted to strike out section 397 in the cause-title.

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The learned counsel for the petitioner has submitted that he was not aware of the pendency of the proceeding and therefore, no reason arose for the petitioner to appear before the learned trial Court. However, it has come to his notice that warrant of arrest has been issued. By referring to the causes shown, the petitioner expresses an unconditional apology for not appearing before the learned trial Court and he submits that the petitioner would appear regularly without fail before the learned trial Court and face trial.

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The learned counsel for the petitioner has produced a copy of the order dated 02.01.2020 by which the trial Court had issued a warrant of arrest of Rs.5000/- against the petitioner. It is submitted that the petitioner is ready to appear on 13.02.2020, the date fixed for appearance. The said order, as produced, is kept as a part of the record.

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Having heard the learned Additional PP for the State, this Court is inclined to provide that the petitioner may surrender before the Court of the learned Judicial Magistrate, First Class, Goalpara and upon his surrender, the learned trial Court, in terms of the order dated 02.01.2020, shall allow the petitioner to go on bail on furnishing the bail of Rs.5000/in terms of the NBWA.

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However, before parting with the record, it is made clear that if the petitioner fails to appear before the learned trial Court on 13.02.2020, i.e. the date for appearance or to take steps on the dates fixed for trial it would be open to the learned trial Court to pass appropriate orders for compelling the appearance of the petitioner.

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Page No.# 3/3

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In view of the order dated 02.01.2020 passed by the Court below, this application stands closed, with observations as made herein before.

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JUDGE

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Comparing Assistant

Ethnan Marak v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Ethnan Marak v. the State of Assam and Anr.

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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