The Gauhati High Court disposed of an application for pre-arrest bail. With the trial court's charge-sheet filed, the interim bail granted earlier was vacated, and the petitioner was directed to approach the trial court for bail.
Interim pre-arrest bail granted vide order dated 18.09.2018 is vacated. Petitioner to appear before trial court for bail.
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GAHC010209812018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2918/2018
1:ISMET KHALID BARUAH
S/O. MR. AHMED IBRAHIM SHAH ABDALI, R/O. HOUSE NO.1, HAZI MUSAFIR KHANA ROAD, GUWAHATI, P.O. ULUBARI, P.S. PALTANBAZAR, DIST. KAMRUP (M), ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MS. M DEV
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 07-12-2018
Heard Ms. M Dev, learned counsel for the petitioner as well as Ms. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the petitioner, namely, Md. Ismet Khalid Baruah, in connection with Nagaon P.S. Case No. 2795/2018 under Sections 498A of the IPC.
It has been submitted by the learned Additional Public Prosecutor, Assam that
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investigation in this case has been completed with filing of the charge-sheet, vide CS No. 1522/2018, dated 30.11.2018.
Accordingly, the petitioner shall appear before the learned trial court with an appropriate application for bail, which the learned trial court will consider in accordance with law.
The interim pre-arrest bail granted, vide order, dated 18.09.2018 stands vacated.
With the above direction, this petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim pre-arrest bail granted to the petitioner under Section 438 CrPC should be vacated considering the charge-sheet has been filed.
1 provisions across 1 enactments
Ismet Khalid Baruah
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
