DEOPAL HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Criminal Original Application No. 183 of 1985 can be disposed of along with the Criminal Original Application No. 184 of 1985 by a common judgment and order in the nature and in the circumstances of the case.

(2.) The petitioners in both the cases have been arrested in connection with Chandmari P.S. Case No. 89 of 1985 (GR Case No. 1216 of 1985 under section 396, I.P.C). The learned Magistrate rejected the prayers of the petitioners for releasing them on bail, hence these petitions.

(3.) Shri P.C. Kakati, learned counsel for the petitioners has submitted that the petitioners are entitled to bail under proviso (a) to Sub-section (2) of section 167, Cr. P.C. (for short the Proviso) as the charge-sheet has not been submitted within 90 days from the date of first remand; and that the Proviso is mandatory therefore the Court has no discretion to refuse bail; and that the Proviso is for the protection of the personal freedom. The learned Advocate General has submitted that section 439 A was brought into force in the State of Assam by the Assam Act 3 of 1982, Criminal Procedure Code (Assam Amendment) Act 1983 and that in view of the section 439 A, the petitioners are not entitled to be released on bail.