Tripura High Court
Shri Madhusudan Das vs Etim Miah & Another on 21 August, 2018
Bench: Ajay Rastogi, S. Talapatra
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HIGH COURT OF TRIPURA
AGARTALA
IA No. 1/2017 in Crl. A(J) No. 51/2017
Shri Madhusudan Das
----Applicant(s)
Versus
Etim Miah & Another
----Respondent(s)
For Applicant(s) : Mr. K. N. Bhattacharjee, Sr. Advocate.
Ms. S. Chakraborty, Advocate.
For Respondent(s) : Mr. P. K. Biswas, Sr. Advocate.
Mr. B. Choudhury, P.P.
Mr. A Roy Barman, Advocate.
HON'BLE THE CHIEF JUSTICE MR. AJAY RASTOGI
HON'BLE MR. JUSTICE S. TALAPATRA
ORDER
21/8/2018 The instant application has been filed by the complainant u/Sec.439(2) of Cr. P.C for cancellation of the order dt.20 th September, 2017 granting post arrest bail to the accused- appellant pending appeal in Crl. A(J) No.51/2017.
The accused-appellant was convicted u/Sec.307/34 IPC and sentenced to undergone R.I for 7(seven) years with a fine of Rs.5,000/- under the impugned judgment dt.10th August, 2017 passed by the Additional Sessions Judge, Sonamura, West Tripura in Sessions Trial No. (T-I)12/2016.
The appeal filed at the instance of the accused-appellant was admitted by this court on 20th September, 2017 and on application filed seeking suspension of sentence pending appeal, Page 2 of 3 the only ground which prevailed upon this court to grant him post arrest bail appears to be the old age of 70 years of the accused- appellant and this fact was recorded by him in his statement recorded u/Sec.313 Cr.P.C and indisputably merits of the matter was not looked by the court and taking note of the age factor of the accused-appellant, he was released on post arrest bail pending appeal under Order dt.20th September, 2017.
The present application has been filed for recalling of the order dt.20th September, 2017 on the premise that the accused- appellant is still a serving member of Group-D and has not attained the age of superannuation and he obtained the document under the RTI from the department where the accused-appellant is serving as it reveals from communication dt.30th November, 2017.
Counsel for the accused-appellant is not disputing this fact that the accused-appellant is still in service and he has not crossed the age of 60 years. In the given facts and circumstances the fact which prevailed to this court to enlarge him on post arrest bail the age factor from the record appears to be factually incorrect.
After we have heard counsel for the parties and taking note of the fact that he still has not attained the age of superannuation i.e. 60 years, the reason which was assigned by this court to enlarged him as post arrest bail vide order dt.20th September, 2017 deserves to be recalled.
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Accordingly, the application is allowed. The order dt.20 th September, 2017 enlarging him post arrest bail pending appeal is hereby re-called. The accused-appellant shall surrender before the ld. trial Judge and after the accused-appellant surrenders before the trial court, will be at liberty to file fresh application as permissible under the law. If the accused-appellant failed to surrender before the Trial court within 7(seven) days, appropriate action shall be taken by the authority for taking him into custody.
(S. TALAPATRA),J (AJAY RASTOGI),CJ.
Certificate : All corrections made in the judgment/ order have been incorporated in the judgment/order. Dipankar