High CourtsSingle Bench(2024) 07 TP CK 0029

Md. Ashad Ali On Behalf Of Accused In Custody Md. Mohidul Islam vs State Of Tripura

Tripura High Court · Decided on 25 July 2024

HON’BLE JUDGES
Arindam Lodh, J
RESULT
Allowed/ Disposed Of
CASE NUMBER
Bail Application 38 Of 2024

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Judgment

12 paragraphs · 282 words

Arindam Lodh, J

Heard Mr. S. Sarkar, learned senior counsel assisted by Ms. V. Poddar, learned counsel appearing for the applicant. Also heard Mr. S. Ghosh, learned Additional PP appearing for the respondent-State.

In view of the order passed on 22.07.2024, the Investigating Officer is present before this court in-person.

Learned Additional PP has also submitted the case diary.

When the matter is taken up for hearing, Mr. Sarkar, learned senior counsel has submitted that he wants to withdraw the instant bail application since the accused has been granted default bail by order of the learned trial court.

Considered the submission.

In the instant case, I find that the accused has been granted default bail due to non-furnishing of charge-sheet before completion of 180 days. The accused had been arrested for allegedly committing serious offence under NDPS Act. The Investigating officer must have to be vigilant and should act with enough diligence expected from an Investigating Officer. In the instant case, there is reasonable ground to believe that the Investigating Officer was all along negligent in not submitting the charge-sheet on time, or even he had failed to submit charge-sheet in part.

As such, necessary action may be taken against the concerned Investigating Officer of this case so that there may not be any repetition of such type of acts and commission, as is found in this case.

However, the instant application is allowed to be withdrawn and thus, disposed of as withdrawn.

A copy of this order be forwarded to the Superintendent of Police of the concerned District as well as to the DGP, Government of Tripura.

Personal appearance of the Investigating Officer is dispensed with.

Return back the case diary.