LAWS(TRIP)-2020-2-60

MD. JAKIR HOSSAIN Vs. STATE OF TRIPURA

Decided On February 20, 2020
Md. Jakir Hossain Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Heard Mr. H.K. Bhowmik, learned counsel appearing for the petitioner as well as Mr. Ratan Datta, learned P.P., appearing for the State-respondent.

(2.) A case was registered on 11.04.2019 against the present accused-petitioner and another two accused-persons including his father under Sections 341/325/ 326/307/34 of IPC.

(3.) The father of the petitioner and the petitioner had prayed for anticipatory bail before this Court when this Court vide order dated 26.06.2019 had rejected the grant of anticipatory bail. Challenging the said order, the present accused-petitioner and his father preferred SLP before the Supreme Court. Supreme Court directed his father Md. Abu Taher Miah to surrender before the competent Court of Magistrate for a regular bail. The present accused-petitioner, Md. Jakir Hossain was given interim protection until further order vide order dated 08.08.2019. Thereafter his father Md. Abu Taher Miah, surrendered before the Court of Magistrate. He was sent to police custody and, accordingly, he was interrogated by the investigating agency under the police custody. Thereafter, on his production before the Court of Magistrate he was sent to judicial custody. Then, Md. Abu Taher Miah, had filed a bail application before this Court and this Court vide order dated 18.09.2019 enlarged Md. Abu Taher Miah on anticipatory bail in interim. Lastly, the interim benefit was extended till 20.03.2020. In that meanwhile, the matter relating to the present accused-person, Md. Jakir Hossain, went to Supreme Court and Md. Jakir Hossain was directed to surrender before the concerned Court within a time fixed by the Supreme Court vide order dated 13.12.2019. Accordingly, the present accused-petitioner surrendered before the Court of Magistrate along with another accused. Both of them were sent to police custody. They were in police custody for five days. After that on the prayer of the investigating officer, they were sent to Judicial custody on their production before the Court of Magistrate.