BISWAJIT DEKA Vs. STATE OF ASSAM REP BY PP, ASSAM
LAWS(GAU)-2018-8-82
HIGH COURT OF GAUHATI
Decided on August 17,2018

Biswajit Deka Appellant
VERSUS
State Of Assam Rep By Pp, Assam Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Biswajit Deka, in connection with Hajo PS Case No. 592/2015 registered under Section 366(A) of the IPC arising out of G.R. No.714/2015. Heard Mr. M.K. Neog, learned counsel for the accused-petitioner as well as Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State of Assam. Perused the petition as well as the annexures furnished therewith.
(2.) In this case, charge-sheet has already been laid by the investigating officer under Section 366 of the Cr.P.C. showing the accused petitioner as absconder therein. The chargesheet is dated 15.11.2015. The accused petitioner has not appeared in the Court in-spite of the process issued to that effect.
(3.) That being so, if so advised, the accused-petitioner may approach the learned Court, wherever the aforesaid case is pending, with an appropriate application for bail, which the said learned Court shall consider on its own merit after taking into consideration all relevant factors including as to whether his custodial detention of the accused-petitioner during trial is necessary or not.;


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