Hasta Bir Rai vs State Of Sikkim
2022 Latest Caselaw 13 Sikkim

                                                                   Court No.3.
                                   HIGH COURT OF SIKKIM
                                      Record of proceedings

                                   BAIL APPLN. No.01 of 2022

HASTA BIR RAI                                                 .... APPLICANT

                                             VERSUS

STATE OF SIKKIM                                               .... RESPONDENT

Date:23.03.2022

CORAM

                          HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.

For Applicant : Mr. A. Moulik, Senior Advocate with Ms. K. D.

Bhutia and Mr. Ranjit Prasad, Advocates.

For Respondent : Mr. Sudesh Joshi, Public Prosecutor.

Mr. Yadev Sharma, Additional Public Prosecutor. Mr. Sujan Sunwar, Assistant Public Prosecutor.

..........

Heard Mr. A. Moulik, learned Senior Counsel for the applicant

who is seeking anticipatory bail under section 438 of the Code of

Criminal Procedure, 1973 (Cr.P.C.) before this court. A similar

application was rejected by the learned Sessions Judge, East

Sikkim at Gangtok vide order dated 27.12.2021.

The FIR is dated 03.09.2021, the applicant has not been

arrested as yet.

Mr. Sudesh Joshi, learned Public Prosecutor submits that

although, section 41A Cr.P.C. notice has been issued to the

applicant he has not joined in the investigation. It is further

submitted that the applicant has not been arrested in view of the

judgment of the Supreme Court in Arnesh Kumar vs. State of Bihar1.

Mr. A. Moulik, learned Senior Counsel contends that

although, the State submits that section 41A Cr.P.C. notice has

2013 SCC OnLine Pat 770 Court No.3.

HIGH COURT OF SIKKIM Record of proceedings

been issued to the applicant he has not received it as yet and if he

does so he is willing to join the investigation.

In that view of the matter the State is directed to handover a

copy of the section 41A Cr.P.C. notice to the learned counsel on

record representing the applicant who shall handover the same to

the applicant. On receipt the applicant shall immediately join in the

investigation and not evade its process.

In view of the submissions made by the learned Public

Prosecutor nothing further remains to be considered in this petition

which is accordingly disposed.

Judge

Index: yes/No to/ Internet: yes/No