Uttam Debnath vs State Of Assam

Heard Mr. I.A. Talukdar, learned counsel for the accused- petitioner and Mr. T.K. Misra, learned Additional Public Prosecutor for the respondent

State of Assam.

Mr. Talukdar has submitted that the accused-petitioner is similarly situated with two other accused persons namely, Abdul Kalam and Rofiqul Islam as

all of them were arrested and was remanded to custody on 24.02.2021, with similar allegations.

By placing an order dated 15.06.2021 passed in connection with bail application, BA 1225/2021, preferred by the said two co-accused arrested

persons viz. Abdul Kalam and Rofiqul Islam, by a co-ordinate bench of this Court, Mr. Talukdar has sought for similar direction.

Mr. Misra has agreed to the said submission made by Mr. Talukdar.

In view of the above submissions made by the learned counsel for the parties, it would be apposite to refer to the order dated 15.06.2021 passed in

BA 1225/2021 it its entirety.

“ This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioners, namely, 1) Md. Abdul Kalam and 2) Md. Rafiqul

Islam, in connection with Kokrajhar P.S. Case No.133/2021 registered under Section 22(b) of the Narcotic Drugs & Psychotropic Substances Act,

1985.

Heard Mr. S.C. Biswas, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the State

Respondent.

Mr. Biswas, learned counsel for the petitioners has submitted that once the petitioners had approached this Court seeking bail and the said prayer for

their bail was disposed of vide order dated 27.04.2021 in B.A. No.914 of 2021.

On perusal of the said order of this Court, it appears that the learned counsel for the petitioners had submitted that the petitioners would approach the

learned Court below for default bail since the statutory period for completion of investigation was over by that time.

Therefore, this Court disposed of the prayer of the petitioners directing the jurisdictional Trial Court to consider the bail prayer of the petitioners taking

into consideration the aspects regarding submission of charge-sheet under Section 173 of the Code of Criminal Procedure as well as considering the

nature of the offence under the NDPS Act.

Now, it has been submitted by learned counsel for the petitioners that on 29.05.2021, the learned Court below i.e. the learned Special Judge, Kokrajhar

was moved with an application for bail of the petitioners which was rejected without referring to the aforesaid order dated 27.04.2021 passed by this

Court.

I have perused the copy of the order dated 29.05.2021 passed by the learned Special Judge, Kokrajhar and annexed with this petition at Page-23 as

Annexure-4. It appears from the said order that the prayer was rejected considering the gravity and the nature of the offence. There is no mention in

the said order as to whether investigation has been completed and charge-sheet has been laid or not in the said case within the statutory period

prescribed therefor.

Mr. Biswas, learned counsel for the petitioners has submitted that the investigation was not completed and charge-sheet was not laid in this case

within the statutory period prescribed for an offence of the instant nature, even on 29.05.2021, i.e. the date on which the prayer for bail was rejected

by the learned Court below.

That being so, in the considered view of this Court, it is mandatory for the learned Court below to consider the bail application of the petitioners and

grant the same if the petitioners are found entitled to default bail in view of non completion of investigation of the case within the statutory period

prescribed therefor.

Therefore, the petitioners are directed to approach the learned Court below once again with an appropriate application, which the learned Court below

shall dispose of in the light of the observation made above. The order to be passed by the learned Special Judge, Kokrajhar shall be a speaking order

indicating as to whether the investigation in the case has been completed within the prescribed period and charge-sheet has been laid or not and

whether the petitioners are entitled to default bail or not.

The petitioners will approach the learned Court below with a copy of this order.

With the above observation, this bail application stands disposed of.

It is submitted by the learned counsel for the accused-petitioner, the accused-petitioner will also approach the leaned court of Special Judge, Kokrajhar

seeking similar relief like the other two co-accused persons by preferring an application. In view of such submission, it is necessary to deal with this

application. Accordingly, this application is closed.

In the event such an application is filed on behalf of the present accused-petitioner, the learned Special Judge, Kokrajhar shall consider the same in

accordance with law by taking into consideration the observation made in the order dated 15.06.2021 (supra) quoted above.