HIGH COURT OF TRIPURA
AGARTALA
B.A. 32/2024
Abdul Sagar on behalf of accd. Md. Mahabul Alam
----Applicant(s)
Versus
The State of Tripura ----Respondent(s)
For Applicant(s) : Mr. J. Bhattacharjee, Advocate
For Respondent(s) : Mr. Raju Datta, PP
MR. JUSTICE ARINDAM LODH
HON’BLE
Order
31/05/2024
Heard Mr. J. Bhattacharjee, learned counsel appearing for
the applicant. Also heard Mr. Raju Datta, learned PP appearing
for the respondent-State.
This is an application filed under Section 439 read with
Section 167(2)(a)(i) of the Cr.P.C., 1973, for granting default bail
to the custody-accused person, Mahabul Alam, as he accured his
indefeasible right after expiry of 180 days from his arrest/
detention in connection with Kamalpur PS case No. 2023/KMP/
034, registered under Sections 22(C), 25, 29 of the NDPS Act,
1985.
Yesterday the matter was heard when learned counsel
appearing on behalf of the accused has submitted that the
accused has been in custody for the last 315 days, so, he is
entitled to be released on default bail.
On the other hand, learned PP, yesterday had disputed the
said submission as advanced by learned counsel for the accused.
The background facts of the case, are that, the accused,
Mahabul Alam was arrested in connection with Kamalpur PS case
no. 2023 KMP 034 (NDPS) registered under Sections 22(1)/25/29
of the NDPS Act. Learned Special Judge, Kamalpur, Dhalai, by its
order dated 26.05.2023 allowed the bail application submitted by
the accused, Mahabul Alam.
The said bail order was challenged by the State of Tripura
which was registered as B.A. 23 of 2023 before this court. Upon
hearing the learned counsel appearing for the parties, this court
by order dated 27.09.2023 had cancelled the said bail order.
Now, the question is whether the accused Mahabul Alam
was produced before the concerned Special Judge after
cancellation of bail in connection with Kamalpur PS case No. 34
of 2023.
As I said earlier, since learned PP had disputed that the
accused, Mahabul Alam has been in custody for 315 days, this
court had passed a direction upon the learned PP to seek
instruction from the Investigating Officer or from the Jailor as to
whether on such cancellation of bail, the accused was produced
before the concerned Special Judge.
Today, learned PP has placed a report before this court
where from it is revealed that the accused, Mahabul Alam was
not produced before the concerned Special Judge after
cancellation of his bail since he was in custody in connection with
another case.
In this matter, law is well settled that whenever an order of
bail is cancelled, the accused has to be produced before the
concerned court even though he is in custody in connection with
any other case.
In the instant case, as I observed earlier, the accused,
Mahabul Alam was not produced before the learned Special Judge
after such cancellation of bail, and learned PP has fairly
submitted that the accused was produced before the learned
Special Judge on 11.03.2024, which means that he was not
produced before the concerned Special Judge just after
cancellation of his bail. So, it is evident that the accused,
Mahabul Alam has been in custody for 315 days beyond the
statutory period of 180 days and in the meantime, charge-sheet
also has not been filed.
In such a situation, the accused is entitled to be released on
default bail.
Accordingly, the accused, Mahabul Alam is directed to be
released on default bail on furnishing a bond of Rs.2,00,000/-
(rupees two lakh) with 2(two) sureties of the like amount to
the satisfaction of learned Special Judge, Kamalpur, Dhalai
Judicial District.
However, it is directed that the accused shall not leave the
jurisdiction of Dhalai District without prior permission of learned
Special Judge, Kamalpur, Dhalai Judicial District. It is further
directed that the accused shall make himself available before the
Officer-in-Charge of Kamalpur police station twice in a week and
shall co-operate with the process of investigation.
With the above observation and direction, the instant bail
application stands allowed and thus disposed.
JUDGE
Digitally signed by SAIKAT KAR
SAIKAT KAR
Date: 2024.05.31 15:53:51
+05'30'