[Cites 2, Cited by 0]
Tripura High Court
Unknown vs Hon'Ble Justice Dr. T. Amarnath Goud on 9 April, 2026
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
CRL.A(J) NO.12 OF 2026
HON'BLE JUSTICE DR. T. AMARNATH GOUD
Present:
For the Appellant (s) : Mr. P. Roy Barman, Sr. Advocate.
Mr. S. Bhattacharjee, Advocate.
Mr. K. Nath, Advocate.
Ms. S. Debbarma, Advocate.
For the Respondent(s) : Mr. R. Datta, P.P.
09.04.2026
Order
1. When the case is called, learned counsel appearing for
the both the parties are present.
2. Mr. P. Roy Barman, learned Senior Counsel, assisted
by Mr. S. Bhattacharjee, learned counsel appearing for the appellant-
accused, contends that the appellant was arrested on 20th October, 2023 in
connection with a crime registered on 14th October, 2023, and has been in
custody since then. The investigation has been completed, and the charge-
sheet has been filed under various provisions of the IPC. Charges have also
been framed, and the matter is presently pending trial. Since the accused has
been in custody for a considerable period, it is prayed that bail may be
considered and the appellant be released, taking into account Section 531 of
the BNSS.
3. On the other hand, Mr. R. Datta, learned Public
Prosecutor appearing for the State-respondent, submits before this Court that
admittedly, the case was registered on 14.10.2023 and the charge-sheet was
filed prior to 01.07.2024 i.e. the date on which BNSS came into force. The
investigation has been completed, charges have been framed, and the matter
is pending trial. He further submits that the BNSS is not applicable to the
present case, and the matter is required to be dealt with under the old
criminal laws, i.e., the Cr.P.C. and IPC. Referring to the corresponding
provision of Section 531 of the BNSS, he relies upon Section 436A of the
Cr.P.C. Learned P.P., further contends that, considering the grievous nature
of the offences alleged against the accused and the applicability of the old
Cr.P.C., reliance is placed upon the judgment of the Hon'ble Rajasthan High
Court in S.B. Criminal Misc. (Pet.) No. 5522/2024 dated 21.08.2024 and the
judgment of the Hon'ble Allahabad High Court reported in 2024 SCC Online
All 4289 dated 6th August, 2024.
4. It is further argued that for the last one and a half
years, the accused has not been cooperating with the Trial Court in advancing
the matter. The prosecution has already concluded its evidence as well as
arguments, and the matter is now at the stage of defence arguments.
However, despite the lapse of one and a half years, there has been no
cooperation from the defence. At this stage, the accused-appellant cannot be
permitted to take advantage of Section 436A of the Cr.P.C., which
corresponds to Section 531 of the BNSS. Learned Public Prosecutor, stating
thus, contends that since the BNSS is not applicable, the present case cannot
be considered under Section 436A of the Cr.P.C. Accordingly, it is prayed
that the appeal be dismissed.
5. At this juncture, learned Sr. counsel appearing for the
appellant prays for accommodation to search for any judgment(s) in support
of his case.
6. In view of the submissions made by both sides, list
this matter as part-heard on a date when this Court sits in Single Bench,
upon Mr. P. Roy Barman, learned Senior Counsel appearing for the
appellant, filing a letter before the Registry seeking listing of the matter and
indicating that he is ready with the relevant judgment(s).
DR. T. AMARNATH GOUD, J
Suhanjit
RAJKUMAR SUHANJIT Digitally signed by RAJKUMAR
SUHANJIT SINGHA
SINGHA Date: 2026.04.09 12:47:32 +05'30'
