Atin Saha vs State of Tripura - 2021 Supreme(Tri) 125

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Tri) 125

S. G. CHATTOPADHYAY
Atin Saha – Appellant
Versus
State of Tripura – Respondent

Advocates appeared:
Mr. B.Deb, Mr. S.Rahman, Advocates, for the Applicant; Mr. Ratan Datta, PP, for the Respondent

JUDGMENT

[1] Heard learned counsel representing the accused petitioner. Heard learned PP representing the State respondent.

[2] Counsel appearing for the petitioner submits that term of the pre arrest bail granted to the petitioner by an order dated 07.10.2021 will be expiring today. Counsel submits that during the period of interim protection granted to the accused by an ad interim pre arrest bail under Section 438 Cr.P.C, he never misused the concession granted to him. Even there is no allegation against him that he ever extended any threat to any of the witnesses of this case or tried to abscond from the process of the court or from the reach of the investigating agency. Counsel submits that accused has meticulously complied with all conditions which were imposed on him while granting pre arrest bail to him.

[3] Learned PP on the other hand submits that investigation is complete and charge sheet has been submitted by the investigating officer before the court. As such, the accused may be asked to appear before the trial court and submit to the process of the Court.

[4] Perused the record. The period of interim bail granted to the accused under Section 438 CrPC was last extended