PRASANTA KUMAR DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Z. Kamar, learned Senior Counsel assisted by Mr. B. Talukdar, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor for the State of Assam.

(2.) The hearing of the present petition was concluded on 24/8/2022 and Judgment was reserved. In the meantime, the learned Public Prosecutor, Mr. M. Phukan has forwarded an Order dtd. 26/8/2022 passed in BA No. 1369/2022 through the Court Master of this Court. By the said order a coordinate Bench has rejected a bail application of a co-accused. Such approach of sending order/judgment after conclusion of hearing is not appreciated by this Court, and according to this Court the due course on the part of the learned Public Prosecutor in the given facts of the case would have been to make a mention before the Court so that the case could be further listed and an opportunity to the learned counsel for the petitioner be given to place his contention on the applicability of the said order passed by the coordinate Bench. However, in the interest of justice, this Court has directed to list this matter under the column 'to be spoken' and accordingly the matter was listed on 6/9/2022. Further arguments were advanced by the learned counsel for the parties and hearing was concluded and the case was reserved for judgment.

(3.) During the course of argument, Mr. Phukan, while seeking apology in sending the order to the chamber of this Court in the manner it was sent, submits that he had no other intention but to bring to notice of the Court, the fact of passing of the order dtd. 26/8/2022 in BA No. 1369/2022.