Krishna Prasad Das vs State Of Assam

By way of this petition under Section 482 of the CrPC, the petitioner prays for quashing of the impugned order dated 07.12.2020, passed in G.R. Case

No.7847/2012, under Section 379 of the IPC, whereby the learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati has issued the NBWA and

P&A, against him and all other subsequent orders.

Heard Mr. M.K. Borah, learned counsel for the petitioner as well as Mr. M.P. Goswami, learned Addl. P.P., Assam for the State respondent.

Referring to the bunch of documents annexed, the learned counsel for the petitioner has submitted that after his release on P.R. bond at the time of

investigation in the year 2010, no any notice was ever served upon him and the learned trial Court has issued warrant of arrest and P&A, only

because of old pendency of the case. It is stated that the accused petitioner is not a defaulter and is ready to face the trial but apprehensive of arrest,

after knowing about the same.

I have gone through the documents that have been annexed and all the orders passed by the Court below, immediately after receipt of the case

record.

The charge sheet was filed in the year 2012 and since thereafter the Court issued summons to the accused, as usual and as the summons was not

served upon the accused, the learned trial Court issued bailable warrant of arrest and thereafter the NBWA, to procure the presence of the accused

person and finally because of old pendency of the matter, the learned trial Court issued the P&A, along with the warrant of arrest, with strict direction

to the I.O. to execute the P&A.

At this stage, the petitioner has approached this Court by way of present petition contending that as no summons was ever served upon him, he should

be allowed to go on bail by the Court, in case of his appearance as he is not a defaulter.

Considering the submission of learned counsel for the petitioner as well as the learned Addl. P.P., Assam, who has also admitted that no any summons

was served upon the accused during this long period.

On perusal of the record, it also reveals that the case is under Section 379 of the IPC, regarding theft of ATM card and several years have elapsed

since after filing of the charge sheet.

Considering all entireties and the materials on record and the undertaking given by the accused that he will face the trial regularly, the present petition

stands disposed of at the motion stage itself with a direction to the petitioner to appear before the learned trial Court within one month from today, with

necessary bail application and the learned trial Court may consider him granting the bail, in the given background of the case, with strict condition that

he will face the trial regularly.

Till his appearance, the execution of the P&A is hereby suspended.

With the above observation, the bail petition stands disposed of.