Arjun Basumatary, Angrang Basumatary vs State Of Assam And Anr.

Heard Mr. S. C. Biswas, learned counsel for the petitioner and Mr. D. Das, learned Additional Public Prosecutor, Assam.

By this petition filed under Section 482 Cr.P.C., the petitioner Arjun Basumatary @ Angrang Basumatary, who is an accused in G.R. Case No.

321/2015 (T) under Section 364 IPC (corresponding to Basugaon P.S. Case No. 54/2009), has prayed for setting aside and quashing the Basugaon

P.S. Charge-Sheet No. 53, dated 29.05.2012, wherein he is shown as an absconder and the impugned orders, dated 05.03.2013, and its subsequent

orders till 20.03.2018 passed therein whereby Non-Bailable Warrants of Arrest have been issued against him.

The petitioner’s case, in a nut shell, is that the respondent No. 2 lodged an F.I.R., on 02.05.2009, with the Officer-in-Charge of Sidli P.S.

alleging that on 27.04.2009 at about 3 p.m., a group of 6/7 militant youths abducted his son Niran Basumatary and could not be located. On receipt of

the F.I.R., Sidli O.P. G.D. Entry No. 12, dated 01.05.2009, was made and on being forwarded registered as Basugaon P.S. Case No. 54/2009 under

Section 364 IPC.

On completion of investigation, the police submitted Charge-Sheet, under Section 364 IPC read with Section 10/13 of the U.A. (P) Act against the

petitioner and 4 (four) others and out of them 4 (four) accused persons including the petitioner as absconders. The petitioner has contended that on

receipt of the Charge-Sheet, the learned Chief Judicial Magistrate, Kokrajhar issued Non-Bailable Warrant of Arrest against the petitioner vide the

impugned orders, dated 05.03.2013 till 20.03.2018, without service of summons and as such, he was unaware of pendency of the case against him.

The petitioner has further contended that if he is enlarged on fresh bail, he will continue to co-operate towards speedy trial of the case. Hence, the

instant petition praying as stated above.

Mr. S. C. Biswas, learned counsel for the accused petitioner submits that while issuing the impugned Warrants of Arrest at the first instance, the

learned Magistrate did not record any reason and the investigating officer committed illegality showing the accused petitioner as absconder in the

Charge-Sheet without following the procedure prescribed in chapter VI Cr.P.C. In support of his submission, Mr. Biswas relied on the following

judgments-

Rajendra Das Vs. State of Tripura, reported in 2014 (3) GLT (TR) 473;

Nazrul Islam Vs. State of Assam, reported in 2008 (1) GLT 979;

Sultan Ali & Ors. Vs. State of Assam, reported in 2008 (3) GLT 17;

G. Sagar Suri Vs. State & Anr., reported in 2004 Cri. L. J 212;

A. S. Surendrakumar Vs. State of Kerala, reported in 2010 Cri. L. J. 4641;

Mozil Uddin Mazumdar @ Muzil Mazumdar Vs. State of Assam, reported in 2014 (2) GLT 713;

Inder Mohan Goswami & Anr. vs. State of Uttaranchal & Ors., reported in 2007 (12) SCC.

Mr. D. Das, learned Additional Public Prosecutor submits that the copy of the documents appended to the petition reveal prima facie the serious

nature of the offences, the accused petitioner allegedly committed and although during the period of investigation, he availed the liberty of bail, his

subsequent conduct is not satisfactory. Mr. Das, therefore, further submits that the accused petitioner may be directed to appear before the learned

Court below and pray for regular bail and till then execution of Warrant of Arrest issued against him may be stayed.

I have gone through the contentions made in the petition and copy of the order-sheet of G.R. Case No. 321/15 (T) and the Charge-Sheet. I have

also perused the judgments relied upon by the learned counsel for the accused petitioner.

It is noticed that the learned Chief Judicial Magistrate, Kokrajhar issued proclamation and Attachment order with Non-Bailable Warrant of Arrest

against the accused petitioner holding the view that he willfully avoided appearance in Court vide order, dated 27.10.2014. The Charge-Sheeted

offences are serious in nature.

Therefore, without going deep into the various legal issues raised by the accused petitioner’s side, as stated above, the petition is disposed of, at

the motion stage itself, with a direction to the accused petitioner to appear before the Court of learned Chief Judicial Magistrate, Chirang at Kajalgaon

on 28.05.2018 at 10.30 a.m. and till then the Non-Bailable Warrant of Arrest issued against him shall be treated as a Bailable Warrant of Arrest of

Rs. 25,000/- (Twenty Five Thousand Only) and further, to pray for regular bail, if so advised, whereupon learned Court shall dispose of the same in

accordance with law. With the above direction, the petition stands disposed of.