Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 9 June, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010086022021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1501/2021
JIBAN SARKAR AND ANR.
S/O MALINDRA SARKAR, R/O VILL-KATAJHAR PATHAR, P.S.-BARPETA
ROAD, DIST-BARPETA, ASSAM
2: GANESH SARKAR
S/O SURJYA KANTA SARKAR
R/O VILL-KATAJHAR PATHAR
P.S.-BARPETA ROAD
DIST-BARPETA
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : DR. B AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 09.06.2021 The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19 Page No.# 2/3 pandemic.
2. Heard Mr. N. Haque, learned counsel for the petitioners and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent State of Assam.
3. By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioners viz. 1) Jiban Sarkar and 2) Ganesh Sarkar have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Barpeta Police Station Case No. 220/2020 registered for offences punishable under Sections 447/448/376/511/325/427/34, Indian Penal Code read with Section 11 of the Protection of Children from Sexual Offences Act, 2012.
4. From the documents annexed to this application, it has emerged that the case has been registered on 08.05.2020 on the basis of a First Information Report lodged on the said date. After completion of investigation, a charge sheet being Charge Sheet No. 267/20 dated 30.11.2020 has been filed finding a prima facie case against the four accused persons including the present two petitioners. In the charge sheet, the I.O. had made a prayer to the Court to consider the accused persons as absconders and to issue warrant of arrest against them. After submission of the charge sheet, Special POCSO Case No. 19/2021 has been registered. On 08.02.2021, the Court of learned Special Judge, Barpeta issued summons to all the accused persons and the next date was fixed on 24.02.2021. On 24.02.2021, the summons issued to the accused persons were returned with a report and after perusal of the report, the Court of learned Special Judge, Barpeta issued bailable warrant of arrest against the two petitioners. On that date, the engaged counsel of the petitioner no. 2, later on, appeared before the Court and prayed for another date for appearance of Page No.# 3/3 the petitioner no. 2 vide petition no. 261/21. After hearing the learned counsel for both the sides, the prayer made on behalf of the petitioner no. 2 was allowed. It was observed that there was no need to issue bailable warrant of arrest against the petitioner no. 2. The next date of case was fixed on 31.03.2021. When the case was taken up on 31.03.2021, it appears that the petitioner no. 2 did not appear. The Court had also observed that the bailable warrant of arrest issued to the petitioner no. 1 had returned after execution but the petitioner no. 1 also did not appear before the Court. In such situation, the Court of the learned Special Judge, Barpeta issued non-bailable warrant of arrest against both the petitioners on 31.03.2021.
5. It is in the backdrop of aforesaid fact situation obtaining in the case, this application under Section 438, CrPC has been filed by the two petitioners seeking the privilege of pre-arrest bail.
6. Mr. Haque, learned counsel for the petitioners has prayed for listing of the case on 14.06.2021 to make submissions as to why the petitioners be granted the privilege of pre-arrest bail after showing them as absconders in the charge sheet and after their non-appearance in the trial despite service of summons and execution of bailable warrants of arrest and issuance of non-bailable warrants of arrest against them.
7. List the case accordingly, on 14.06.2021.
JUDGE Comparing Assistant