BIJUT CHUTIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Gupta, learned counsel for the accused-petitioners and Ms. S. Jahan, learned Additional Public Prosecutor for the respondent State of Assam.

(2.) By this application under Sec. 439, Code of Criminal Procedure, 1973, the accused-petitioners viz. 1) Sri Bijut Chutia and 2) Sri Jitupan Chutia @ Kokoi have prayed for their release on bail in connection with Sessions Case no. 38[T]/2020, presently pending before the Court of learned Sessions Judge, Tinsukia.

(3.) The concerned First Information Report lodged on 3/6/2019 was registered as Makum Police Station Case no. 91/2019 for offences under Ss. 147/341/120B/302/34, IPC. During the course of investigation, both the accused-petitioners were arrested. After arrest, the accused-petitioner no. 1 was produced before the Court of learned Chief Judicial Magistrate, Tinsukia on 8/6/2019 whereas the accused-petitioner no. 2 was produced before the said learned Court on 6/6/2019. Since those dates, the accused-petitioners are in custody. After completion of investigation in connection with Makum Police Station Case no. 91/2019, the Investigating Officer of the case submitted a charge sheet being Charge Sheet no. 68/2019 dtd. 29/8/2019 finding a prima facie case to proceed with the trial against seen persons including the present two accused-petitioners. After submission of the charge sheet, the case has been registered as Sessions Case no. 38[T]/2020.