MANKI BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Konwar, learned senior counsel, instructed by Mr. R. Kalita, learned counsel for the applicant. Also heard Ms. S. Jahan, the learned Addl. Public Prosecutor for the State. The learned senior counsel for the applicant has submitted his note in three parts, under the heading "Chart-A", "Chart-C" and "Milestones". The learned A.P.P. has submitted a chart, which is stated to have been previously submitted in the connected proceeding.

(2.) It would be pertinent to mention herein that by an order dated 26.01.2016, direction was passed in the connected appeal i.e. Crl. Appeal No. 10/2016 to implead the victim as respondent no.2 and to issue notice upon him. As per office note dated 29.03.2016, the service report on respondent no.2 was awaited. However, the learned senior counsel for the applicant has submitted that for the purpose of hearing on this application filed under Section 389(2) Cr.P.C. for bail as well as for suspension of sentence, there is no necessity to hear the respondent no.2. Accordingly, the matter has been heard.

(3.) The learned senior counsel has submitted that out of 16 appellants in the connected appeal, 11 appellants have been enlarged on bail, bail applications of three appellants were rejected and that out of the two pending bail applications, the present application is one.