Biswajit Mahanta Vs the State of Assam

Heard Mr. P.K. Sarma, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

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A First Information Report [FIR] was lodged before the Officer In-Charge, Gaurisagar Police Station on 13.12.2021 seeking investigation in connection with the death of one

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Biswajit Barua. In the FIR, the informant stated that on 13.12.2021, Biswajit Barua along with one Sanjay Das was proceeding in a two-wheeler and the two-wheeler was knocked down by a four-wheeler bearing Registration no. AS-04-Y/9476. As a result, Biswajit Barua succumbed to the injuries sustained by him. The driver of the four-wheeler vehicle along with two passengers was detained. On the basis of the said FIR, Sivasagar Police Station Case no. 174/2021 was registered under Sections 279/337/304A/427, Indian Penal Code [IPC]. Upon completion of the investigation, a charge-sheet under Section 173[2], CrPC vide Charge-Sheet no. 25/2022 had been submitted by the Investigating Officer [I.O.] on 30.04.2022 wherein the petitioner had been charge-sheeted for the offences under Sections 279/337/304A/427, IPC.

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On submission of the Charge-Sheet, the case was registered as Police Report Case [PRC] no. 1135/2022 and the case proceeded before the Court of learned Judicial Magistrate, First Class, Sivasagar [‘the Trial Court’]. On receipt of processes from the Trial Court, the petitioner appeared before the Trial Court on 17.10.2023 and submitted an application for recalling the Bailable Warrant of Arrest [BWA] issued against him. The said application was allowed and the petitioner was allowed to go on bail of Rs. 10,000/- with suitable surety.

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Challenging the proceedings laid against the petitioner, the petitioner preferred a petition, Criminal Petition no. 142/2023 before this Court. However, no order of stay was passed by this Court. When the case was posted before the Trial Court on 10.07.2024, the petitioner was found absent with steps stating that the criminal petition was pending before this Court for admission hearing. But the Trial Court rejected the petition finding the reason shown as unsatisfactory due to absence of any supporting document. The Trial Court proceeded to issue BWA against the petitioner. On the subsequent date, 26.03.2025, the petitioner was found absent without steps and a report was placed before the Trial Court that the BWA issued against the petitioner had returned with a report that the petitioner was not found in the given address. The Trial Court had issued Non-Bailable Warrant of Arrest [NBWA] against the petitioner posting the case on 09.05.2025. No report was placed as regards execution of the NBWAs on the subsequent dates, 09.05.2025, 10.06.2025 and 19.07.2025.

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With the above projections, the petitioner has approached this Court submitting that the petitioner is ready and willing to participate in the further proceedings of Police Report Case [PRC] no. 1135/2022 by submitting him before the Trial Court. It is submitted by the petitioner that there is an apprehension that in the meantime he might be taken into custody in execution of the NBWA issued against him.

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It is in the interest of all stakeholders including the prosecution, the witnesses and the accused persons, an expeditious conclusion of the proceedings of Police Report Case [PRC] no. 1135/2022 is necessary.

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Having regard to the projections made by the petitioner that he is ready and willing to participate in the further proceedings of Police Report Case [PRC] no. 1135/2022 by submitting himself to the jurisdiction of the Trial Court within the stipulated period of time, this Court is of the considered view that in the interest of justice, NBWAs issued against the petitioner can be kept in abeyance for a period of 15 [fifteen] days from today so that the petitioner can appear and submit to the jurisdiction of the Trial Court without the apprehension being taken into custody in execution of the NBWA issued against him in the meantime, so as to participate in the further proceedings of the Police Report Case [PRC] no. 1135/2022. It is ordered accordingly.

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The petitioner shall appear before the Trial Court within 15 [fifteen] days from today and during this 15 [fifteen] days period, the NBWAs issued against the petitioner shall be kept in abeyance. It is further observed that if the petitioner upon his appearance within 15 [fifteen] days, submits an application for bail, the Trial Court shall consider the same on its own merits and in accordance with law.

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The criminal petition is disposed in the afore-stated terms. No cost.

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JUDGE

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Comparing Assistant

Biswajit Mahanta v. the State of Assam

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Biswajit Mahanta v. the State of Assam

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