SUKHRAI DEBBARMA Vs. SUPERINTENDENT OF CENTRAL BUREAU OF INVESTIGATION (CBI)

JUDGEMENT

(1.) By means of this petition filed under Section 439 of the Cr.P.C. to grant bail in favour of the accused-person, namely Amit Debbarma in connection with Bodhjungnagar P.S. Case No.2017/BJN/050 corresponding to Case No. S.T.(T-1)16 of 2018 under Section 302/109 and 120B of the IPC read with Section 27 of the Arms Act, has been pursuaded.

(2.) The accused-person is in the custody since 24.11.2017 and on the day of filing of this petition, he had completed 303 days in custody.

(3.) On perusal of the records what appears that a serious development has taken place in the midst of the trial. The State Government has provided consent under Section 6 of the Delhi Special Police Establishment Act, 1946 by the Notification No.21(2)- PD/12(P)/873 dated 17.03.2018 [issued by the Home Department, Govt. of Tripura]. Pursuant thereto, the Ministry of Personnel, Public Grievances and Pensions, DOPT, Govt. of India, has asked the CBI by their Notification No.228/15/2018-AVD.II dated 06.06.2018 to take up the investigation of Bodhjungnagar P.S. Case No.2017/BJN/050 dated 21.11.2017 under Section 302 of the IPC and Section 27 of the Arms Act. The Central Bureau of Investigation (CBI) registered the regular case bearing No. RC 02/S/2018/Kolkata dated 29.06.2018 under Section 302 of the IPC and Section 27 of the Arms Act by treating the FIR No.2017/BJN/50 dated 21.11.2017 under Section 302 of the IPC and Section 27 of the Arms Act as the original FIR of their case No. RC 02/S/2018/Kolkata dated 29.06.2018 under Section 302 of the IPC and Section 27 of the Arms Act.