GUWAHATI, India, Nov. 8 -- Gauhati High Court issued the following order on Oct. 8:
1. Heard Mr. A. Ahmed, the learned counsel appearing for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam.
2. This application has been filed u/s 482 of the BNSS, 2023 in respect of Sarupathar P.S. Case No. 50/2025 under Sections 308 (6)/3(5) of BNS, 2023.
3. The offence u/s 308 (6) of the BNS, 2023 is a bailable offence. Even then, the petitioner filed an application under Section 482 of the BNSS, 2023 before the learned Sessions Judge, Golaghat. The learned Sessions Judge held that there are sufficient incriminating materials against the petitioner in the case diary and therefore, custodial interrogation is necessary. Therefore, the prayer of the petitioner was rejected.
4. Mr. Ahmed has relied upon a judgment of the Hon'ble Supreme Court that was delivered in Rasiklal Vs. Kishore Khanchand Wadhwani reported in AIR 2009 SC 1341. In this case, the Hon'ble Supreme Court has held that when a person is accused of committing a bailable offence, he is entitled to be released on bail.
5. I have considered the submission made by the learned counsel of both sides.
6. On the face of the record, the view taken by the learned Sessions Judge, Golaghat is erroneous. When a person is accused of committing a bailable offence, he shall be immediately released on bail by the Investigating Agency itself.
7. Therefore, this Court is not required to pass any order of bail in such a circumstances.
8. The petitioner is directed to approach the Investigating Agency for seeking bail as the offence brought against him is a bailable offence. With the aforesaid direction, the criminal petition stands closed and disposed of.
Disclaimer: Curated by HT Syndication.
