PRINCIPAL SEAT MATHEW LALNUNPUIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant application is filed by the accused petitioner, namely, Mathew Lalnunpuia under section 439, Cr.PC for granting him bail in connection with CID PS case No. 57 of 2011 under section 25(1A) of the Arms Act, as he is in custody since 22.7.2011 in connection with the aforesaid PS case.

(2.) Heard Mr. A.K. Bhuyan, learned counsel for the petitioner who submits that the petitioner though named in the FIR but there is no statement as to how and in what manner the petitioner is involved with the alleged offence. More so, the petitioner is in custody since his date of arrest, i.e., almost for a period of about 50 days and custodial detention is permissible up to 60 days. He further submits that when the police have recovered the alleged 20 Nos. of live ammunition of A.K. series, nothing remains for custodial detention of the petitioner. He further submits that an under trial prisoner should not be considered as a convict in a trial, as by this time it is settled that power to grant bail is not to be exercised by a court as if the punishment before trial is being imposed and an under trial prisoner is kept in the custody only for the purpose of investigation, not otherwise, in the instant case, further detention of the petitioner in custody would be nothing but a punishment. Thus, it would be proper for the court to grant him bail with any condition as this court deems fit when he is ready to cooperate with the investigating agency to find out the real truth.

(3.) Mr. B.S. Sinha, learned Addl. PP for the State, while producing the case diary mainly placed reliance on the statement of the accused-petitioner before the police and contended that the accused-petitioner himself stated before the police that he went to the house of Mrs. Melody Hmar and on query of the CID people he has shown the 20 Nos. of live ammunition kept in the box of a fan. On query of this court Mr. Sinha submits that except production of the case diary, there is no such specific prayer from the IO of the case for further detention of the accused.