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MANISH CHOUDHURY
Bijut Chutia – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. A.K. Gupta, learned counsel for the accused-petitioners and Ms. S. Jahan, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 439, Code of Criminal Procedure, 1973, the accused-petitioners viz. 1) Sri Bijut Chutia and 2) Sri Jitupan Chutia @ Kokoi have prayed for their release on bail in connection with Sessions Case no. 38[T]/2020, presently pending before the Court of learned Sessions Judge, Tinsukia.
3. The concerned First Information Report lodged on 03.06.2019 was registered as Makum Police Station Case no. 91/2019 for offences under Sections 147/341/120B/302/34, IPC. During the course of investigation, both the accused-petitioners were arrested. After arrest, the accused-petitioner no. 1 was produced before the Court of learned Chief Judicial Magistrate, Tinsukia on 08.06.2019 whereas the accused-petitioner no. 2 was produced before the said learned Court on 06.06.2019. Since those dates, the accused-petitioners are in custody. After completion of investigation in connection with Makum Police Station Case no. 91/2019, the Investigating Officer of the case submitted a charge sheet being Charge Sheet
The accused-petitioners were directed to first approach the trial court for regular bail, and the trial court was instructed to consider the bail application in an expeditious manner due to the prolo....
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