SUBAL GOPE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Detenu Shri Jagadish Chandra Ghosh is a school teacher posted at Uptakhali Junior Basic School Under Dharmanagar Sub- Division. He was arrested on 30.4.1996 in connection with Kamalpur P.S. Case No. 65 of 1995 under Section 396 I.P.C. and Section 27 of Arms Act for alleged commission of bank dacoity on 29.11.1995 at about 12'30 hours. He was produced before the learned Sub-Divisional Judicial Magistrate, Kamalpur on 1.5.1996 and since then he has been remanded in the judicial custody even after the expiry of ninety days' period which expires on 29.7.1996. His bail application registered as Original Petition No. 46 of 1996 was rejected by this Court on 24.6.1996. Another bail application registered as Criminal Original Petition No. 6 of 1996 was also rejected by this Court on 16.8.1996.The detenu has now been released on bail by this Court on 23.8.1996 passed in Civil Misc. Application No. 446 of 1996 on his furnishing a bond of Rs. 5,000/-with two sureties of like amount to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kamalpur. The detenu is now on bail.

(2.) Tripura Legislative Assembly by the Third Amendment Act, 1992 (Tripura Act No, 6 of 1992) (For short, the Act) amended the Criminal Procedure Code, 1973 in its application to the State of Tripura. By the aforesaid amendment, Sub-section (2) (a) of Section 167 of the Principal Act has been amended as under: (a) for the words "ninety days" whereover they occur, the words

(3.) The period of three years as enjoins in sub-section(4)of Section 1 of the Act expires sometime on 28th July, 1995.By a notification dated 5th August, 1995 the appropriate Government in exercise of powers vested in it by the proviso to sub-section(4) of Section 1 of the Act extended the period by one year upto and inclusive of the 28th day of July, 1996 during which the said Act shall remain in force. The notification was also mad effective from 29th July, 1995. The respondent Government also issued another notification dated 5th August, 1996 extending the period of one year with effect from 29th July, 1996 to 28th July, 1997.