Jiban Sarkar And Anr. vs State Of Assam

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic.

Heard Mr. N. Haque, learned counsel for the petitioners and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent State of

Assam.

By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioners viz. 1) Jiban Sarkar and 2) Ganesh Sarkar have

approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Barpeta Police Station Case No. 220/2020

registered for offences punishable under Sections 447/448/376/511/325/427/34, Indian Penal Code read with Section 11 of the Protection of Children

from Sexual Offences Act, 2012.

From the documents annexed to this application, it has emerged that the case has been registered on 08.05.2020 on the basis of a First Information

Report lodged on the said date. After completion of investigation, a charge sheet being Charge Sheet No. 267/20 dated 30.11.2020 has been filed

finding a prima facie case against the four accused persons including the present two petitioners. In the charge sheet, the I.O. had made a prayer to

the Court to consider the accused persons as absconders and to issue warrant of arrest against them. After submission of the charge sheet, Special

POCSO Case No. 19/2021 has been registered. On 08.02.2021, the Court of learned Special Judge, Barpeta issued summons to all the accused

persons and the next date was fixed on 24.02.2021. On 24.02.2021, the summons issued to the accused persons were returned with a report and after

perusal of the report, the Court of learned Special Judge, Barpeta issued bailable warrant of arrest against the two petitioners. On that date, the

engaged counsel of the petitioner no. 2, later on, appeared before the Court and prayed for another date for appearance of the petitioner no. 2 vide

petition no. 261/21. After hearing the learned counsel for both the sides, the prayer made on behalf of the petitioner no. 2 was allowed. It was

observed that there was no need to issue bailable warrant of arrest against the petitioner no. 2. The next date of case was fixed on 31.03.2021. When

the case was taken up on 31.03.2021, it appears that the petitioner no. 2 did not appear. The Court had also observed that the bailable warrant of

arrest issued to the petitioner no. 1 had returned after execution but the petitioner no. 1 also did not appear before the Court. In such situation, the

Court of the learned Special Judge, Barpeta issued non-bailable warrant of arrest against both the petitioners on 31.03.2021.

It is in the backdrop of aforesaid fact situation obtaining in the case, this application under Section 438, CrPC has been filed by the two petitioners

seeking the privilege of pre-arrest bail.

Mr. Haque, learned counsel for the petitioners has prayed for listing of the case on 14.06.2021 to make submissions as to why the petitioners be

granted the privilege of pre-arrest bail after showing them as absconders in the charge sheet and after their non-appearance in the trial despite service

of summons and execution of bailable warrants of arrest and issuance of non-bailable warrants of arrest against them.

List the case accordingly, on 14.06.2021.