Allowed

Rupak Mahanta v. the State of Assam

Gauhati HC17 Dec 2021Crl.Pet./761/2021

Case brief

AI extract

What is this about?

The Gauhati High Court quashed orders issuing a non-bailable warrant against the petitioner, accepting his undertaking to appear for trial and directing the trial court to reconsider the bail application on a specified date while staying the warrant's execution.

What did the court decide?

Quashed orders of 30.01.2020 and 04.12.2021; directed appearance on 19.02.2022 for bail; execution of NBWA stayed.

Rupak Mahanta Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010216382021

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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./761/2021

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RUPAK MAHANTA S/O LATE RATNAPATI MAHANTA R/O SHANTI PATH HOUSE NO. 36, P.S. GEETANAGAR, GUWAHATI, DIST. KAMRUP (M), ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. P K ROYCHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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17.12.2021.

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By way of this petition under Section 482 read with Section 483 of the CrPC, the petitioner challenges the orders dated 30.01.2020 and 04.12.2021 respectively, passed by the learned Judicial Magistrate 1^st Class, Kamrup at Guwahati, in G.R. Case No.10147/2011, under Sections 341/352/379 of the IPC, whereby the learned trial Court has issued the non-bailable warrant of arrest (NBWA), against the petitioner.

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Referring to the documents annexed, learned counsel for the petitioner Mr. P.K. Roychoudhury

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has submitted that the petitioner could not turn up before the learned trial Court on 29.11.2019, as per the direction of the High Court, passed on 30.10.2019, in Crl. Petition No.1239/2019, for which the learned trial Court issued the NBWA, as on 30.01.2020 (page26), fixing 30.03.2020 but as the lock-down started thereafter, no any effective order was passed by the learned trial Court till 04.12.2021 and only on the said date, the trial Court taking into account that on the earlier occasion, the warrant of arrest was issued against the petitioner, has again issued the NBWA, rejecting the petition filed on his behalf.

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It is contended that the two elder brothers of the petitioner recently died and his mother being an old lady, is in serious mental trauma and in bed ridden condition. Due to severity of the situation, he could not appear before the learned trial Court and now he is ready to face the trial. It is stated that the petitioner is not a willful defaulter, rather due to the compelling circumstances, he could not appear before the learned trial Court.

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I have considered the submission of learned counsel for both sides and perused the documents annexed and the orders passed by the learned trial Court.

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From the ground assigned, it appears that the petitioner has cogent reasons for his inability to appear before the learned trial Court and he has now undertake to face the trial by appearing before the learned trial Court regularly. It also appears that almost around two years, there was no any effective order passed by the learned trial Court, due to Covid-19 pandemic and now the Court has resumed the regular hearing of the case.

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Having regard to the submission of both the parties and the materials on record and the undertaking given by the petitioner, the impugned orders dated 30.01.2020 and 04.12.2021, is hereby quashed and set aside, with a direction to appear before the learned trial Court on the next date fixed i.e. on 19.02.2022, with a bail application and the learned trial Court will consider and disposed of the same, in accordance with the law.

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Till his appearance, the execution of the NBWA is hereby stayed.

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JUDGE

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Comparing Assistant

Rupak Mahanta v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rupak Mahanta v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

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