SANKAR MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application under Section 438 of the Code of Criminal Procedure praying for a direction for releasing the Petitioner on bail, in the event of his arrest by the police in connection with the All Women P.S. Case No. 15/97 Under Section 376/417 of the I.P.C.

(2.) MR . B.D. Das, learned Counsel for the Petitioner submitted that the allegation containing in the FIR if it is taken on its face value did not disclose any offence under Section 376 of the IPC. According to Mr. Das, at best the offences alleged can be an offence under Section 417 of the IPC which is a non cognizable offence and boilable. Mr. Das in support of his contentions brought my attention to the decision of this Court in Maran Chandra Paul v. State of Tripura reported in : 1997 Cri. L.J. 715. Mr. Das, the learned Counsel for the Petitioner further submitted that the accused is working for gain in the office of the Executive. Regional Office Pollution Control Board and in the event of his detention in the police custody in connection with criminal offence would entail serious consequences in his service Career. Mr. Das, learned Counsel also brought my attention to the order of this Court dated 2.5.97 wherein this Court granted interim bail that during the pendency of the bail application Petitioner shall not be arrested.

(3.) I have heard learned Counsel for the parties and also considering the facts situation, I am not inclined to exercise power under Section 438 of the Code of Criminal Procedure for the reason that the matter of granting bail can be considered by the Court of 1st Instance. The power under Section 438 Code of Criminal Procedure is to be exercised in extreme cases and allow the regular Court to exercise its jurisdiction in accordance with law. The power under Section 438 Code of Criminal Procedure is not meant to overreach or circumvent the power of the normal channel and to bye pass the regular court.