Page No.# 1/3 vs The State Of Assam
2023 Latest Caselaw 4266 Gua

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GAHC010197222023




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

                               Case No. : Bail Appln./3112/2023

            ABHINAV KUMAR AND ANR
            S/O PRADEEP KUMAR
            R/O WARD NO. 07,
            VILL- MATHAR, P.O. MATHAR
            RAHIMPUR, P.S. MUFFASIL
            DIST. KHAGARIA, BIHAR

            2: PASHUPATI MANDAL
             S/O MUSO MANDAL
            R/O WARD NO. 07

            VILL- MATHAR
            P.O. MATHAR
            RAHIMUR
             P.S. MUFFASIL
            DIST. KHAGARIA
             BIHA

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MR. D BORA

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

                                       ORDER

12.10.2023

Heard Mr. N. Mahajan, learned counsel for the petitioners. Also heard Mr. B.

Sarma, learned Additional Public prosecutor, Assam.

Mr. N. Mahajan submits that this bail application has been filed urging the right

which according to the petitioners had accrued for grant of default bail under Section

167(2) of the Cr.P.C.. However, this fact was not considered by this Court earlier and

their application was rejected on 08.08.2023 on the ground that the charge-sheet has

been filed.

Learned counsel for the petitioners submits that the charge-sheet was laid

before the competent Court on 06.07.2023 under Section 20 (b)(ii) (B)/29 NDPS Act.

It is submitted that on that day i.e. 30.06.2023 when the charge-sheet was filed, the

bail petition was pending before the High Court. It is further submitted that the

charge-sheet under Section 20 (b)(ii) (B) of the NDPS Act was submitted before the

Court where the mandatory period of detention is 60 days and the petitioners having

been arrested on 22.02.2023 the mandatory period was already over and this fact

ought to have been considered by the Court as their bail petition was pending when

the charge-sheet was stated to have been filed. Learned counsel for the petitioners

submits that as has been held by the Apex Court that once right is accrued to the Page No.# 3/3

person under Section 167(2) of the Cr.P.C., mere filing of the charge-sheet would not

extinguish the right and it can be considered on subsequent date. He refers to the

order dated 04.10.2021 passed by this Court in Bail Application No.931/2021.

Mr. Sarma, learned Additional Public Prosecutor submits that he would like to

address the Court on the legal issue in support of which he will place reliance of

various judgment. He, therefore, submits that the matter be listed on 17.10.2023 for

consideration of the prayer made by the petitioner.

Accordingly, list the matter on 17.10.2023.

JUDGE

Comparing Assistant