Tripura High Court
Madhusudan Das vs Etim Miah & Another on 18 July, 2018
Bench: Ajay Rastogi, Arindam Lodh
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
I.A. No.01/2017 in Crl.A(J) No.51/2017
Madhusudan Das
----Applicant(s)
Versus
Etim Miah & another
----Respondent(s)
For the 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. Debajit Biswas, Advocate.
HON'BLE THE CHIEF JUSTICE MR. AJAY RASTOGI HON'BLE MR. JUSTICE ARINDAM LODH Order 18/07/2018 Counsel for the complainant on whose instance the application has been filed for cancellation of bail submits that the post arrest bail was granted to the accused-appellant in Crl.A(J) No.51/2017 as it reflects from the order dt.20.9.2017 on the ground that accused-appellant was an old person of 70 years and this appears to have been corroborated from the accused examination u/Sec.313 Cr.P.C. which prevailed upon the court in granting him liberty of post arrest bail pending appeal.
Counsel for the applicant submits that the accused-appellant is a Group-D employee and under RTI he has been supplied with the document dt.30.11.2017 where it has been indicated that he is still in service but absents from duty w.e.f. 10.8.2017. Indisputably, he has not attained the age of 60 years which is the age of superannuation and this, according to him, is a false Page 2 of 2 information extended to the court while seeking post arrest bail and liberty under the order impugned dt.20.9.2017.
Counsel for the accused-appellant wants time to file counter. List the matter on 21.8.2018, as prayed.
(ARINDAM LODH), J (AJAY RASTOGI), CJ Pulak