Gauhati High Court
Page No.# 1/2 vs The State Of Assam on 19 October, 2022
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/2
GAHC010100752022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Crl.)/239/2022 In
Crl.A./98/2022
CHANDU MIA LASKAR @ CHANDU AND ANR
S/O LATE KUTI MIA LASKAR VILLAGE KULICHERRA
PS DHOLAI
DIST CACHAR
ASSAM
2: BATAL MIA @ BOTOL
S/O LATE KAMAL UDDIN LASKAR
VILLAGE KULICHERRA
PS DHOLAI
DIST CACHAR
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP ASSAM
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
19.10.2022 (N. Kotiswar Singh, J) Heard Mr. RA Choudhury, learned counsel for the applicants and Ms. B Bhuyan, Page No.# 2/2 learned Senior Counsel appearing as the Addl. Public Prosecutor, Assam for the State.
In view of the decision of the Hon'ble Supreme Court in the case of Jagjeet Singh & Ors. Vs. Ashish Mishra @ Monu & Anr. , reported in (2022) SSC OnLine 453, we are of the view that the informant, who is the wife of the deceased, would be required to be heard in the application filed by the applicants for enlarging them on bail during the pendency of the main appeal.
Accordingly, let steps be taken by the applicants for service of notice upon the informant, namely, Simonti Barman by registered post with A/D, who shall be impleaded by the applicants as respondent/opposite party no. 2 in this interlocutory application as well as in the main appeal.
On request, the applicants are also permitted to implead the informant as respondent/opposite party no. 2 by hand in the interlocutory application as well as in the main appeal.
List this case after 4 weeks.
JUDGE JUDGE Comparing Assistant