LAWS(GAU)-2022-12-37

SIVA DEKA Vs. STATE OF ASSAM

Decided On December 19, 2022
Siva Deka Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. T.N. Das, learned counsel for the accused-petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent State of Assam.

(2.) By this application under Sec. 439, Code of Criminal Procedure, 1973, the accusedpetitioner viz. Sri Siva Deka has prayed for his release on bail in connection with Sessions Case no. 106/2022, arising out of PRC no. 1260/2022 and Sonapur Police Station Case no. 19/2022 registered for offences under Ss. 326/307, Indian Penal Code. The case, Sessions Case no. 19/2022 is presently pending before the Court of learned Additional Sessions Judge, No. 3, Kamrup [M], Guwahati.

(3.) As per the First Information Report [FIR], lodged on 11/1/2022, the informant's brother Moni Ranbonshi, who used to be a caretaker of a plot of land belonging to one doctor, Dr. Mrinal Bhyan, and located at village Jogdol under the jurisdiction of Sonapur Police Station, was allegedly assaulted by the accused-petitioner by a knife on different parts of the body. At the time of lodging the FIR, Moni Ranbonshi was undergoing treatment in Intensive Care Unit [ICU] at the Gauhati Medical College and Hospital [GMCH].