CRP No.05 (A.P) 2010 - Gauhati High Court, Itanagar Permanent ...
CRP No.05 (A.P) 2010 - Gauhati High Court, Itanagar Permanent ...
CRP No.05 (A.P) 2010 - Gauhati High Court, Itanagar Permanent ...
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8question, is holding the post of learned Judicial Magistrate, FirstClass. It is also to be noted that the respondent accused is alsoholding the post of Judicial Magistrate-cum-Circle Officer, atYupia. Moreover, as stated earlier, the respondent accused wasadmitted in Heema Hospital on 13.05.<strong>2010</strong> and there is norecord to show that he was released from the said Hospital on13.05.<strong>2010</strong> before 1200 hrs.. Under such circumstances, itcannot be accepted that the respondent accused could appear orcould have appeared at 1200 hrs. on 13.05.<strong>2010</strong>, before thecourt of Judicial Magistrate concerned and hence, there issufficient room for doubt on the veracity of the aforesaid orderdated 13.05.<strong>2010</strong>(Annexure-I to the counter affidavit filed by therespondent accused) and as such, it is natural to come to aconclusion that the said order was passed subsequently to orderdated 13.05.<strong>2010</strong>(Annexure-IV to the criminal revision petition)after realization of the mistake committed by the said Magistrateand the consequence of passing an order granting bail to therespondent accused without having the said accused personsurrendered/appeared before his court.9. The decision in Niranjan Singh(supra) as relied uponby the learned counsel for the respondent accused is of noassistance to him rather it goes against the respondent accusedinasmuch as it has been reiterated in the said decision that noperson accused of an offence can move the court for bail underSection 439, unless he is in custody. As held therein, custody, in