Gauhati High Court
Amarjyoti Sarania @ Okha Brhma @ Ajanta ... vs The State Of Assam on 9 May, 2022
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010079172022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./927/2022
AMARJYOTI SARANIA @ OKHA BRHMA @ AJANTA BORO
S/O LT. MANIK SARANIA
R/O VILL- KHAGARA
P.S. KHOIRABARI
DIST. UDALGURI, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S K JAIN
Advocate for the Respondent : PP, ASSAM
Linked Case : Bail Appln./827/2022
JOMIN BORO @ B. JAGUA
S/O LATE MANIRAM BORO
VILL- 1 NO. KAKLABARI
P.S. SIMLA
DIST. BAKSHA
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP
ASSAM
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Page No.# 2/4
Advocate for : MR. R ALI
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
09.05.2022 Heard Shri S.K. Jain, learned Counsel for the applicants, namely, Amarjyoti Sarania @ Okha Brhma @ Ajanta Boro in Bail Appln. No. 927/2022 and Jomin Boro @ B. Jagua in Bail Appln. No. 827/2022, who have filed this bail application under Section 439 of the Cr.P.C. praying for bail in connection with Sessions Case No. 02/2022 registered under Sections 448 / 294 / 342/ 354/ 397 / 326/ 307/ 34 of the IPC read with Section 25(1A)/27 of the Arms Act, (Corresponding to Fatashil Ambari P.S. Case No. 703/2021) pending before the learned Court of Addl. Sessions Judge No. 2, Kamrup (Metro), Guwahati, Assam.
The applicants were arrested on 23.10.2021.
Pursuant to the orders of this Court, scanned copies of the case records have been transmitted to this Court.
The learned counsel for the applicants has submitted that a perusal of the charge sheet filed on 25.11.2021 shows that it is a partial charge sheet wherein, an observation has been made that subsequently final charge sheet would be submitted before the Court. The learned counsel, accordingly makes his preliminary submission that the applicants are entitled to default bail, inasmuch as, the investigation could not be completed within the prescribed period of time.
On merits, it is submitted that the materials collected so far against the applicants are vague and even the statement of the alleged victim, who was shot, namely, Shri Litan Majumder, does not specifically implicate the applicants in his Page No.# 3/4 statements made to the police and recorded under Section 161 of the Cr.P.C. It is further submitted that in the F.I.R., no allegations have been made against the present applicants and taking into consideration all the above factors, the applicants be released on bail.
On the other hand, Shri B.B. Gogoi, learned Addl. Public Prosecutor, Assam submits that the charge sheet is admittedly filed within time with a condition to file a final charge sheet after further investigation. However, the learned Addl. Public Prosecutor, Assam submits that though there is no provision for filing final charge sheet, the fact of filing of the charge sheet in the present case on 25.11.2021 cannot be denied and accordingly the claim for default bail is not legally tenable.
As regards the submission on merits, the learned Addl. Public Prosecutor, Assam submits that the offence is of a very serious nature where in the broad day light, the same was attempted in the heart of the city of Guwahati and therefore, at this stage grant of bail to the applicants may not be in the interest of justice.
After hearing the rival parties and on perusal of the materials on records, this Court is of the opinion that there is no concept of filing charge sheet in installments. Of course, by the powers conferred under Section 173(8) of the Cr.P.C., further investigation is permissible, the same would have to be in the events for which investigation is necessary even after filing of the charge sheet. What is relevant to examine is that whether the materials collected before filing of the charge sheet are enough to constitute an offence against the concerned accused and whether those materials would be sufficient for a conviction.
In the instant case, though there is an observation that subsequently final charge sheet would be filed with added sections of law, so far as the present applicants are concerned, there is a clear observation that sufficient evidence is found against them.
In that view of the matter, this Court is not inclined to accept the first Page No.# 4/4 submission regarding claim of default bail.
With regard to the other grounds structured on the merits of the case, this Court has noticed that the allegations are very serious in nature wherein, even a shot was fired at one Litan Mazumber when he had tried to apprehend the unknown miscreants. Not being able to implicate the applicants by name in the statement made under Section 161 of the Cr.P.C. by the said victim cannot be construed at this stage to be lack of evidence against the applicants inasmuch as there is nothing on record to show that the applicants were known to the said Litan Mazumder.
Further, the stage of the case is also such that the issue of identification either in a TIP or in the dock is yet to be done and taking a decision on the basis of materials available as on date, in favour of the applicants may not be prudent.
In view of the aforesaid facts & circumstances, this Court is of the considered view that no case for grant of bail is made out at this stage.
Accordingly the same stands rejected.
Shri Jain, the learned counsel for the applicants at this stage submits that the charges are yet to be framed by the Court on the ground that supplementary charge sheet is yet to be filed for which a number of dates have already been deferred.
The learned Court below may accordingly issue strict directions for completion and submission of supplementary charge sheet expeditiously and in any case within an outer limit of a month from today.
A copy of this order may be furnished to Shri B.B. Gogoi, learned Addl. Public Prosecutor, Assam for transmitting the same to the concerned Investigating Officer.
JUDGE Comparing Assistant