KUSHAL DUWARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application under Section 438 Crpc, seeking pre-arrest bail on behalf of the accused Kushal Duwari in connection with Bokakhat PS Case No. 42 of 2009 under Sections 147, 148, 149, 353, 427 of the IPC read with Section 27 (2) of the Arms Act, read with Section 51 of the Wild Life (Protection) Act.

(2.) I have heard Shri A. M. Mazumdar, learned senior counsel assisted by Mr. S. Dihingiya, learned counsel for the accused petitioner. Also heard Mr. Z. Kamar, learned Public Prosecutor for the State of Assam.

(3.) IMMEDIATELY within 5 days after rejection of earlier application this application for pre arrest bail was submitted on the ground that learned counsel did not represent the prayer made by the petitioner separately and independently before the learned Single Bench in order to establish non-involvement of the petitioner in the case. Further, it was contended that in the common order passed by the learned Single Bench, no reference of the petitioner was made.