IN RE: XXX Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned Senior Counsel/ Standing Counsel, Gauhati High Court, assisted by Ms. P. Sarma and Ms. P.P. Das, learned counsel for the petitioner. Also heard Mr. I. Chowdhury, learned Advocate General, Arunachal Pradesh, assisted by Mr. A. Chandran, learned Additional Senior Government Advocate, Arunachal Pradesh, appearing for the respondent No.1; Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. M. Phukan, learned Public Prosecutor, Assam and Ms. P. Barua, learned counsel appearing for the respondent No.2; Ms. M. Kechii, learned Additional Advocate General, Nagaland, appearing for the respondent No.3 and Ms. P. Bhattacharyya, learned Additional Advocate General, Mizoram, appearing for the respondent No.4.

(2.) This Bench is constituted to answer the following question referred to it by the learned Single Judge of this Court (Itanagar Permanent Bench) vide order dtd. 8/8/2024 passed in Crl.Petn. No.112/2024, BA No. 78/2024, AB No.108/2024, AB No.110/2024, Crl.Petn. No.113/2024, Crl.Petn. No. 115/2024 and Crl. Petn. No.116/2024 :

(3.) Without going into the much detail, we deem it appropriate to mention the relevant facts, which led to make this reference, are that a learned Single Judge of this Court in Sanjit Kar Vs. The State of AP, reported in 2024 Supreme (OnLine) (Gau) 1135 [AB No.102/2024, order dtd. 19/7/2024], while relying on the decision passed by a Single Judge of Rajasthan High Court rendered in Krishan Joshi Vs. State of Rajasthan, reported in 2024 Supreme (OnLine) (Raj) 200 [CRLMP No.4285 /2024, dtd. 9/7/2024], has held that the petition seeking pre-arrest bail under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as the BNSS) be treated as one under Sec. 438 of the Code of Criminal Procedure, 1973 in connection with a case registered at Namsai Police Station prior to commencement of the BNSS. In Sanjit Kar (supra), the petitioner preferred a bail application under Sec. 482 of the BNSS seeking pre-arrest bail in relation to an offence committed and registered before 1/7/2024, the day when the BNSS came into force.