Gauhati High Court
AB/4443/2021 of PANKAJ NATH Vs THE STATE OF ASSAM on 29 December 2021
GAHC010228752021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4443/2021 PANKAJ NATH S/O. SRI TUNI RAM NATH, R/O. VILL. NAPAM, P.S. AMGURI, P.O. HAFALUTING, DIST. SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM. Advocate for the
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GAHC010228752021
THE GAUHATI HIGH COURT(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/4443/2021
PANKAJ NATH S/O. SRI TUNI RAM NATH, R/O. VILL. NAPAM, P.S. AMGURI, P.O. HAFALUTING, DIST. SIVASAGAR, ASSAM.
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. R DUBEY
Advocate for the Respondent : PP, ASSAM
BEFOREHONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
29.12.2021.
ORDER
Heard Mr. R.Dubey, the learned counsel appearing for the petitioner.
Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor for the State of Assam.
This is an application filed by the petitioner namely, Pankaj Nath, u/s438 of Cr.P.C, praying for pre-arrest bail in connection with PRC Case No.84/2020 in the Court of learned SDJM(M), Nazira, Sivsagar.
The petitioner has been charge-sheeted under Section 306 IPC.
The learned Sub-Divisional Judicial Magistrate(M), Nazira, Sivsagar,has issued a notice to the petitioner asking him to appear before the Courton 01.11.2021.
Section 306 IPC is Sessions triable offence and therefore, the SDJM(M), Nazira does not have the power to entertain the bail applicationof the petitioner.
Mr. R.J. Baruah, the learned Additional Public Prosecutor for the Stateof Assam has submitted that the petitioner who have filed the bailapplication in the Court of Sessions Judge of the said jurisdiction. Mr.Dubey, has submitted that if the petitioner shall appear before theSDJM(M), Nazira on the particular date then he will be remanded tocustody as because the said Court does not have the power to entertain thesaid bail application.
I have heard the submissions made by the learned counsel for theparties.
The petitioner is hereby directed to appear before the SDJM(M), Nazira on 17.01.2022 and on the same day, the said Court shall commit thecase to the Sessions Court having jurisdiction to try the offence, so that thepetitioner shall have the opportunity to file the bail application before the said Sessions Judge on 17.01.2022 itself. The Sessions Judge shall considerthe said bail application in accordance with law of the land.
of.
With the aforesaid direction, the present application stands disposed JUDGE
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