DHANANJOY BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This bail application has been filed under Section 439 of the Code of Criminal Procedure for releasing the accused Amulya Bhowmik who has been arrested on 16-3-98 in connection with Bishalgarh P. S. Case No. 101 of 1997 under Section 302, IPC. Since the arrest on 16-3-98 the accused has been incarcerated for about 103 days by now. His bail application have been rejected by the learned Additional Sessions Judge, West Tripura, Agartala on 16-6-98 on the ground that mandatory period 180 days has not been lapsed in view of Criminal Procedure Code stands amended by Tripura Amendment Act of 1998.

(2.) It is contended by Mr. B. B. Deb, learned Counsel for the petitioner that Tripura Amendment Act, 1997 is not applicable to the case of general nature. According to the learned Counsel, reading of aims and objects of that amended Act it extends only to the extremists related offence and as far as offence of the general nature is concerned, the Central Act would be applicable.

(3.) The substantial questions of law of public importance involved in this petition is that whether the Tripura Amendment Act is applicable only to the offences committed in connection with the insurgency related offence or it is applicable to the general offence of grave nature. To decide this issue we may refer to the provision of Section 167 (2)(a)(1) and the amendment of the Criminal Procedure Code amending Sections 167 and 439-A of the Code of Criminal Procedure as amended by the Code of Criminal Procedure (Tripura Fourth Amendment) Act, 1998 (hereinafter referred to as Amendment).