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2023 Supreme(Gau) 237

DEVASHIS BARUAH
Rakesh Kumar Paul S/o Late Ranjit Kumar Paul – Appellant
Versus
State Of Assam Rep. By The P. P. , Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D Das Sr. Adv, Mr. S. Das
For the Respondent: Mr. M. Phukan

JUDGMENT AND ORDER :

Heard Mr. Diganta Das, the learned Senior counsel assisted by Mr. S. Das, the learned counsel appearing on behalf of the petitioner and Mr. M. Phukan, the learned Public Prosecutor for the State of Assam.

2. The inherent powers of this Court under Section 482 of the Code of Criminal Procedure (for short “the Code”) have been invoked to challenge the order dated 28.12.2022 passed by the learned Special Judge, Assam in Special Case No.5/2021 whereby the Bail Application being Petition No.2569/2022 by the petitioner filed under Section 436A of the Code was rejected. By the instant application, the petitioner has also assailed the order dated 16.11.2022 as well as the order dated 15.12.2022 in Special Case No.05/2021.

3. At the outset, the learned Senior counsel appearing on behalf of the petitioner had submitted that the instant application be treated as an application only as regards the challenge to the order dated 28.12.2022 whereby the application of the petitioner under Section 436A of the Code was rejected. As regards the challenge made to the orders dated 16.11.2022 and 15.12.2022, the learned Senior counsel appearing on behalf of the petitioner submitted that

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