This is an application for grant of anticipatory bail under section 438 CrPC. There are as many as twelve accused applicants. This application was moved on 7.8.97 and on 12.8.97 the following order was passed by a learned Single Judge of this Court.

“Heard Mr. N. Dutta, learned counsel for the petitioners and Mr. N. Mahammad, learned PP, Assam. Mr. N. Mahammad, PP, Assam prays for a week's time to produce case diary. List this matter after a week.

In the meanwhile, in the event of the arrest of the petitioners in connection with Kalaigaon PS Case No.60/97 under sections 147/148/149/447/427/436/379/ 326/302 IPC shall be released on interim bail on the execution of a bond of Rs. 2000/- by each of them with two sureties of the like amount to the satisfaction of the arresting authority subject to the usual conditions as enumerated in section 438 CrPC.”

2. As is evident from the above order itself, the case diary was not available, the gravity of offence is self evident from the penal provisions as noted in the order.

3. Having sought a week's time even after six months (just short of two days) the case diary is not produced for reasons best known to the police, and the accused applicants c

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