Raja Boro vs The State Of Assam
2022 Latest Caselaw 5178 Gua

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GAHC010267872022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./3656/2022

            RAJA BORO
            S/O SRI MANESWAR BORO
            R/O VILL- ADARSHAGAON
            P.S. MAZBAT, DIST. UDALGURI, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MR. A CHAUDHURY

Advocate for the Respondent : PP, ASSAM
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                                      BEFORE
                     HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                                 ORDER

28.12.2022

Heard Mr. B. K. Mahajan, learned counsel representing the petitioner as well as Mr. K. K. Das, learned Additional Public Prosecutor, Assam.

By this application filed under Section 439 CrPC, the petitioner Raja Boro has prayed for release on bail in connection with Special (N) Case No. 13/2022 under Sections 20(b)(ii)(C) of the NDPS Act pending in the court of the Special Judge, Udalguri arising out of Rowta P.S. Case No. 47/2022 under Sections 20(b)(ii)(C) of the NDPS Act, 1985.

On 182nd day of detention on 25.11.2022 the petitioner filed an application for default bail but the trial court held that since the charge sheet has been submitted prior to that day, the petitioner is not entitled to the privilege of default bail.

I have gone through all the orders prior to 25.11.2022. Nowhere there is any mention in filing of the charge sheet.

It appears from the order dated 09.11.2022 passed in Bail Application No. 1365/2022 by this court that the charge sheet was filed on 30.09.2022.

At this stage, the observation of this court that was delivered on 07.10.2022 in Bail Application No. 1958/2022 is relevant. Paragraph 38 of the said judgment is quoted as under:

" 38. In view of the above, this Court is of the opinion that submission of the charge sheet before the Office of the Magistrate/the Court would not be sufficient compliance in terms with Section 173(2) of the Code read with Rule 38 and 69 of the Assam Police Manual Part-IV and it is only when the Magistrate/the Court competent to take cognizance of the offence, puts the initials in the charge-sheet as well as in the Register maintained with date and seal of the Magistrate/the Court , it would be that date on which the charge sheet has been deemed to have been submitted to the Magistrate/Court."

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It appears from the documents available before me that charge sheet might have been filed before expiry of 180 days but it was not placed before the Court having jurisdiction to take cognizance.

In that case, it can be said that the charge sheet was not filed within the prescribed period of 180

days. On 25.11.2022 it was 182nd dayof detention. Therefore, under the given circumstances of the case, the petitioner is entitled to default bail.

Accordingly, the prayer of the petitioner for defaul bail is allowed. The petitioner Raja Boro who was arrested in connection with Special (N) Case No. 13/2022 under Sections 20(b)(ii)(C) of the NDPS Act pending in the court of the Special Judge, Udalguri arising out of Rowta P.S. Case No. 47/2022 under Sections 20(b)(ii)(C) of the NDPS Act, 1985 is allowed to go on bail of Rs.2,00,000/- with one local surety of like amount to the satisfaction of the learned Special Judge, Udalguri, BTAD, Assam.

The bail application is disposed of.

JUDGE

Comparing Assistant