RAKESH KUMAR PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Diganta Das, the learned Senior counsel assisted by Mr. S. Das, the learned counsel appearing on behalf of the petitioner and Mr. M. Phukan, the learned Public Prosecutor for the State of Assam.

(2.) The inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure (for short 'the Code') have been invoked to challenge the order dtd. 28/12/2022 passed by the learned Special Judge, Assam in Special Case No.5/2021 whereby the Bail Application being Petition No.2569/2022 by the petitioner filed under Sec. 436A of the Code was rejected. By the instant application, the petitioner has also assailed the order dtd. 16/11/2022 as well as the order dtd. 15/12/2022 in Special Case No.05/2021.

(3.) At the outset, the learned Senior counsel appearing on behalf of the petitioner had submitted that the instant application be treated as an application only as regards the challenge to the order dtd. 28/12/2022 whereby the application of the petitioner under Sec. 436A of the Code was rejected. As regards the challenge made to the orders dtd. 16/11/2022 and 15/12/2022, the learned Senior counsel appearing on behalf of the petitioner submitted that liberty may be given to challenge the said orders separately, if need be, and the instant application as stated be only confined to the challenge to the order dtd. 28/12/2022. The learned Public Prosecutor has no objection to segregation of the challenge and the liberty sought for thereby limiting the instant application only to the extent of the challenge to the order dtd. 28/12/2022. The learned Public Prosecutor however submitted that the liberty so given should be subject to maintainability. In view of the said consensus, this Court would limit its adjudication only as regards the order dtd. 28/12/2022 with an observation that the petitioner would be at liberty to challenge the orders dtd. 16/11/2022 and 15/12/2022 if so advised, subject to such challenge being otherwise maintainable under law.