Hc Postpones Hearing Of Bail Pleas Of Three Arrested Docs, Refuses Bail To Exec Magistrate, Legal News, ET LegalWorld – Legal Firms


GUWAHATI: The Gauhati HC has rejected the anticipatory bail plea of executive magistrate, Ashirbad Hazarika, and postponed the hearing of the bail pleas of three government doctors, who were arrested on November 7 for allegedly issuing a false post-mortem report of a 13-year-old girl, who was raped and murdered in Assam’s Darrang district in June.

Justice Robin Phukan on Friday gave two days to the public prosecutor to submit the statements of the three petitioners — Anupam Sarma, Arun Chandra Deka and Ajanta Bordoloi.

The court said, “Though the accused for whom the bail petition was moved were examined by the investigating officer, yet all the statements after their arrest are not available in the case diary.”

It directed the public prosecutor for the state, M Phukan, to produce the updated case diary on Monday without fail.

The public prosecutor had earlier submitted before the court that the case diary was available with it in connection with another matter, but the statements of the accused persons were not there in it and had prayed for two days to update it.

Meanwhile, the counsel for the petitioners, AM Bora, submitted before the court that the case has already been investigated by police. After the completion of probe, the investigating officer submitted the charge sheet on June 12 against one Krishna Kamal Baruah, in whose house the minor was found dead. Thereafter, during further investigation of the case, the IO arrested the doctors posted in Darrang.

He submitted that the doctors are in no way connected with the main offence under sections 376 and 302 of the IPC and the investigating officer has forwarded them mainly for commission of the offence under sections 120(B), 218 and 201 of the IPC, which are bailable in nature and therefore, it is contended to allow the bail petition.

Meanwhile, the court rejected the anticipatory bail plea of Hazarika, stating that the plea was “infructuous” as Hazarika was arrested before the bail was moved.

The girl, who was working as a maid, was found dead in the house of her employer in June. Besides the main accused who is a Sashastra Seema Bal (SSB) personnel, several other government employees – the then superintendent of police, an additional SP, the officer-in-charge of the police station concerned, three doctors and the executive magistrate have been arrested in the case.


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