(1.) The learned single Judge in State of Tripura v. Samuel Ruhul Askar alias Kutti Mia, 2001 2 GauLR 546] has held that an accused before approaching this Court under section 438 of the CrPC and 439 of the CrPC should exhaust his remedy before the Sessions Judge and then file application before this Court. The other learned single Judges in Mayur Bordoloi v. State of Assam,2013 6 GLR 201] and in Shri Kashinath Sarkar and 4 others v. The State of Tripura,1984 2 GLR 93] have taken a contra view in the matter. Therefore this case related to bail application the Division Bench has seized of the matter for deciding the following question of law.
(2.) The provisions of sections 438 and 439 of the Code of Criminal Procedure, 1973 are reproduced hereunder for convenient reference.
(3.) Senior counsels Sri N Dutta and Sri BD Konwar were appointed as amicus curiae to assist the Court in the matter.
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