VANRAMMAWIA LAILET Vs. STATE OF ASSAM

JUDGEMENT

(1.) Herd Mr J.M. Choudhury, learned senior counsel for the petitioner and Mr N.Mahammad, learned public prosecutor, I have also perused the case diary.

(2.) According to the FIR lodged in this case of 9.7.2001 at about 1300 hrs. one No. of 22 inch live round was recovered from the accused petitioner Mr Vanrammawia Lailet of Indian Airlines Flight No. IC-230, seat No. 21F bound to Kolkata during his physical checking by CISF personnel at pre-embarkation check area without having any valid licence. A case u/s 25(1B)(a) of the Arms Act, 1959 was registered. The offence thereunder is punishable with imprisonment for a term which may extend to three years. Mr J.M. Choudhury, learned senior counsel submits that such an offence is bailable in view of, the Apex Court decision in Rejeev Choudhury-Vs-State (NCT) of Delhi 2001(2) Crimes 303(SC) wherein it has been held:

(3.) As per first Schedule (II) to the CrPC as regards classification of offences under IPC, an offence punishable with imprisonment for less than three years is bailable. Mr Choudhury, learned senior counsel submits that the expression "imprisonment for less than three years" are to be construed as imprisonment which may extend to three years and in that view of the matter the offence u/s 25(1B)(a) of the Arms Act is a bailable offence and the accused petitioner can be claim bail as a matter of right. The accused petitioner Varrammawia Lailet, arrested in connection with Azara PS Case No. 57/ 2001 u/s 25(1B)(a) of Arms Act, is allowed to go on bail of Rs.5,000/- with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Guwahati. Return the case diary. This disposes of this bail application.