LAWS(GAU)-2024-7-22

SANJIT KAR Vs. STATE OF ARUNACHAL PRADESH

Decided On July 19, 2024
Sanjit Kar Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) Heard Mr. N. Ray, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent.

(2.) At the very outset, the learned Additional Public Prosecutor, raised objection against the filing of this bail application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre arrest bail in the offence committed and registered before 1/7/2024. It is submitted that since the alleged offence was committed and the case was registered prior to the enforcement of the new BNSS, the petition ought to have been filed under Sec. 438 of Cr.P.C and not under 482 of the BNSS,2023.

(3.) The cause title of this anticipatory bail read as under: