Borkiri Timung @ Dilip Timung v. The State of Assam

ORDER

06.10.2023

Heard Mr. T. Kalita, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Sri Borkiri Timung @ Dilip Timung, who is languishing in jail hazot, in connection with the Dokmoka P.S. Case No. 35/2011, under Section 365 of the IPC, corresponding to G.R. Case No. 613/2011, for granting bail. Page No.# 2/3

¶3Mr. Kalita, learned counsel for the accused submits that the accused was charge sheeted along with five others, in connection with the Dokmoka P.S. Case No. 35/2011, to stand trial in the court, under Sections 364[A]/34 of the IPC and in the aforementioned case, the learned court below has issued Non-Bailable Warrant [NBWA] of Arrest against the present accused, as he has been shown as absconder in the aforesaid charge sheet and on the strength of NBWA, issued by the learned court below, the accused was arrested on

29.07.2023, and since then he has been languishing in jail hazot for last 70 days. Mr. Kalita further submits that the accused will face the trial and he will appear before the learned court below on each and every date and therefore, it is contended to allow the petition.

¶4On the other hand, Mr. P. Borthakur, learned Additional Public Prosecutor submits that the case is in the appearance stage and other accused have not yet appeared before the learned court below and as such, the prayer of the accused may be considered, by providing that he will appear each and every date, before the learned court below, on the date fixed.

¶5Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the scanned copy of the record received from the learned court below.

¶6It appears that the case is pending in the appearance stage and vide order dated 22.09.2023, the learned JMFC, Karbi Anglong, Diphu has committed the case to the learned Sessions Judge, Karbi Anglong, Diphu. Further, it appears that after completion of investigation the charge sheet has already been submitted and as such, the question of hampering the investigation or tampering the witness, does not arise. Now, the trial will start and the accused Page No.# 3/3 has to prepare his defence.

¶7Having considered the submission of learned counsel for both the parities and also considering the period of detention, i.e. 70 days, this Court is inclined to allow this petition. Accordingly it is provided that on furnishing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned Sessions Judge, Karbi Anglong, Diphu, the accused be enlarged on bail.

¶8In terms of above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010208242023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3378/2023 BORKIRI TIMUNG @ DILIP TIMUNG S/O RUPSING TIMUNG, VILL.- SING ENGLENG GAON, P.S.- KHERONI, SUB- DIVISION- HAMREN, DIST.- WEST KARBI ANGLONG, ASSAM, PIN- 782486. VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM. Advocate for the Petitioner : MR T KALITA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN