JALALUDDIN MAJUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr N.M. Lahiri, learned counsel for the petitioner. Also heard Mr N. Mahammad, learned Public Prosecutor.

(2.) Petitioners have filed this application u/s 439 read with sec 482 CrPC against the order dated 15.9.94 passed by the Addl. Sessions Judge, Cachar, Silchar in Sessions Case No. 41/94 u/s 302/323/324/427/34 IPC pending before the said court. The petitioners are accused in the said Sessions case.

(3.) Petitioners were kept in custody for the statutory period of 90 days and thereafter they were released as the investigation could not be completed during that statutory period. The petitioners remained on previous bail after their committal to sessions by order dated 15.7.94 of the learned Addl. Sessions Judge after transfer of the case to that court. On 15.9.94 learned Addl. Sessions Judge framed charges under the: above mentioned sections of IPC and while the order of framing of charges was passed, the learned Judge directed re-arrest of the petitioners for commitment to custody and since 15.9.94 the petitioners have been in custody. By the impugned order dated 15.9.94 the learned court below held that by order dated 4.3.93 in CR Case No. 2843/92 the accused were released on bail after their detention in prison for 90 days; that the Magistrate passed the bail order u/s 167 CrPC during investigation and before charge-sheet was received against the accused; that the bail order was passed under legislative mandate and not on merits and that after the said order was passed by the Magistrate charge-sheet was received and the case was committed to the Court of Session. The reason for rearrest of the petitioners, as given in the impugned order, is that the accused persons caused death of the deceased. That the post mortem report shows that the deceased received six injuries and doctor's report also corroborated it; that the deceased died immediately after the occurrence. It was further held by the learned Addl Sessions Judge that there appeared reasonable grounds for believing that the accused are guilty of offence punishable with imprisonment for life or death.