TAPAN BISWAS ALIAS TAPAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr B.K. Mahajan learned counsel for the petitioner and also heard Mr N. Mahamad learned P.P. In this application the petitioner made a prayer for the grant of bail in connection with Bharalumukh P.S. caseNo. 2001 under Section 291 IPC read with Section 7(1 )(a) of the Cinematography Act by contending interalia that his bail application was rejected by the learned CJM, Kamrup, Guwahati on 9th September/2001. According to Mr Mahajan learned counsel the offences so far levelled against the present accused persons namely Tapan Biswas @ Tapas and Sri Sujay Sarkar are of bailable offence in terms of the related provisions of Schedule 2(II) of the Code of Cr.P.C. and also in view of the decision of the Apex Court rendered in Rajib Choudhury-Vs-State (NCT) Delhi reported in 2001(2) Crimes SC 303. I am in full agreement with the submission of the ld. counsel for the following reasons:

(2.) OFFENCE under Section 7( 1 )(a) of the Cinematograph Act, 1952 is punishable with imprisonment for a term which may extend to 3 years or with fine. In other words it may be less than one year or 2 years. By virtue of the Provisions of Second Schedule of the Code of Criminal Procedure if the offence is punishable with imprisonment for less than 3 years or with fine is a noncognizable case and is a bailable offence and as such learned Court below ought to have granted the bail to the two petitioners. Apart from that the Apex Court in Rajiv Choudhury-Vs-State (NCT) of Delhii(supra) held that the offence under Section 386 IPC can be punished for a term of imprisonment which may extend to 10 years and also fine. It means imprisonment can be for a clear period of lease than 10 years. In such case accused can be detained in custody up to a period of 60 days and not for a period of 90 days under Section 167(2) (a) (i) of'the Code of Cr.P.C. In view of the above position these two petitioners named above shall be released on bail on their furnishing personal bond of Rs. 5,000/- each with a surety of the like amount each to the satisfaction of the learned CJM, Kamrup, Guwahati in connection with Bharalumukh P.S. Case No. 172/2001 U/S 292 IPC R/W Section 7( 1 )(a) of the Cinematography Act.