ANOWAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.M. Mollah, learned counsel for the petitioner. Also heard Mr. N.K. Kalita, learned Addl. P.P. for the State.

(2.) By this application under Section 439 Cr.P.C. the petitioner who was arrested on 06.03.2020 is seeking bail in connection with G.R. Case No. 4842/2012 corresponding to Palashbari P.S. Case No. 118/2012 under Section 25(1-A) of the Arms Act.

(3.) The learned counsel for the petitioner has submitted that on 12.02.2012 the Investigating Officer had submitted charge-sheet before by the learned Chief Judicial Magistrate, Kamrup (R) Amingaon against the petitioner under Section 25(1-A) of the Arms Act. It is further submitted that the petitioner had been taking steps before the learned trial Court through his counsel till 12.08.2015 and on the said date the petitioner, by showing cause of his non-appearance, had prayed for adjournment, which was not accepted and NBWA was issued against the petitioner. It is submitted that thereafter, due to inadvertence steps could not be taken by the petitioner. On 18.02.2020, NBWA issued against the petitioner was returned unexecuted with a report that he was lodged in jail in connection with Sualkuchi P.S. Case No. 36/2020 and, as such, production warrant issued to the concerned jail authority for production of the accused. Thereafter, by order dated 06.03.2020 the petitioner was arrested in connection the present case on the strength of production warrant and since then the petitioner is in judicial custody. The learned counsel for the petitioner submits that the petitioner is ready and willing to participate in the trial on any condition that may be imposed by this Court. It is submitted that as the petitioner is in custody since 06.03.2020, i.e. for 3 months now. Hence, the learned counsel for petitioner has prayed for bail to the petitioner.