PURNENDU CHAKRABORTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner Sri Purnendu Chakraborty impugnes the order dated 16.8. 1988 passed by the learned Sessions Judge, Karimganj in Criminal Misc. Case No. 16 of 1988 cancelling the anticipatory bail of the petitioner granted on 21.7.1988 by the Assistant Sessions Judge.

(2.) The Petitioner is a named accused of Karimganj Police Station Case No. 151 of 1988 under section 302/201/34 I.P.C; (G.R. Case No. 444 of 1988). The allegation in the First Information Report dated 28.5.1988 was that Sri Pumendu Chakraborty and Khownish Chakrabarty alongwith their family members murdered Sri mati Rani Chakrabarty alias GITA on 27.5.1988. It was suspected to be a bride killing case on the issue of insufficient dowry. Khownish as husband of the deceased GIT A (bride) and Purnendu is his brother-in-law (sisterTs husband) who alleged to have joined him in killing her. The facts alleged in the First Information Report as to the informations given to the informant (brother of deceased) by the massengers of the accused party as to the cause of death at different point of time on the same day (27-5-1988) disclosed strong suspicion of bride killing.

(3.) On 21.7.88) accused Purnendu filed an application before the Assistant Sessions Judge, dealing with urgent application under section 10 Cr. F.C, for his anticipatory bail under section 438 Cr. P.C. The Judge granted anticipatory bail on the same day, in spite of vehement objection by the Public. Prosecutor and refusing to call for and look into the materials in the case diary, on the grounds that the accused was an officer and there would be no likelihood of his absconding and that the prosecution perhaps lathered the required materials by investigation during the period about 2 months. The anticipatory, bail was granted in spite of vehement objection by the Public Prosecutor and also by rejecting his submission to call for and peruse the case diary/investigation record before considering the anticipatory bail application.