Guwahati Court July 1964 Judgments
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Durgesh Ranjan Chakraborty Vs. the Administration of Tripura
Court: Guwahati
Decided on: Jul-04-1964
Rajvi Roop Singh, J.C.1. This is a reference made by the learned Sessions Judge of Tripura under Section 438 Cr. P. C., recommending that the order dated 3-4-62, of the District Magistrate directing the issue of warrant of arrest against the surety petitioner is illegal and without jurisdiction and as such should be set aside.2. The reference arises in the following circumstances : On 13-5-61, under the orders of Shri S. C. Das, Magistrate First Class, Sonamura, three accused persons Achanullah, Asmat All and Mairan Bibi were committed to the Court of Sessions, Tripura on charges under Section 304 I. P. C. and 304/109 I. P. C. Thereafter under the order of the Sessions Judge the accused Achanullah was released on a bail bond of Rs. 400/- executed by him along with two sureties namely the petitioner Shri Durgesh Ranjan Chakraborty, Pleader and another man named Abdul Hamid. The bail bond was for appearance of the accused in the Court of Sessions and was accepted on 24-5-61 by Shri N. ...
ijat Ali Vs. the State
Court: Guwahati
Decided on: Jul-04-1964
Rajvi Roop Singh, J.C.1. This is a reference made by the learned Sessions Judge of Tripura under Section 438, Cr.P.C. recommending that the order dated 1.11.62 passed by the learned Additional District Magistrate disposing of the appeal should be set aside as illegal and without jurisdiction and the appeal should be reheard on merits by the District Magistrate who alone is competent to hear the same.2. The facts which led the Sessions Judge to make the reference are as follows: The petitioner Ijat Ali stood surety after executing two ball bonds for Rs. 100/- each on 22.9.60 in favour of 2 persons named Abdul Ajij and Noab Ali, who were arrested by the Police under Section 54 Cr.P.C. The bail bonds did not mention the name of the specific Court before which they were executed but were accepted by Shri S.C. Chakraborty, Sub-Divisional Magistrate, Belonia, On 24.10.60 notice was issued from, the Court of the Sub-divisional Magistrate, Belonia on the petitioner calling upon him to show ca...
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