A plea for anticipatory bail under Section 438 Cr.PC was considered where a charge sheet had already been filed. The court disposed of the application, directing the petitioners to seek regular bail from the trial court.
Bail application dismissed with liberty to appear before the trial court and seek regular bail.
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GAHC010073132019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1009/2019
1:AIBUDDIN ALI AND ANR.
S/O BAKKAR ALI, VILL. AND P.O.-HATIPARA, P.S.-CHAYGAON, DISTKAMRUP (R), ASSAM, PIN-781137
2: RAHIMA BEGUM W/O BAKKAR ALI VILL. AND P.O.-HATIPARA P.S.-CHAYGAON DIST-KAMRUP (R) ASSAM PIN-78113
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. B RAHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 24-07-2019
By this application under Section 438 Cr.PC, the petitioners, namely, 1. Aibuddin Ali and 2. Rahima Begum have prayed for pre-arrest bail, apprehending arrest in
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connection with Chhaygaon P.S. Case No. 26/2019 under Section 304(B) IPC R/W Section 4/5 of the Dowry Prohibition Act.
Heard Mr. B. Rahman, learned counsel for the petitioners as well as Mr. B. Sarma, learned Addl. P.P. for the state respondent.
It is submitted by the learned Addl. P.P. that on completion of the investigation, police has already submitted charge sheet.
Since the charge sheet has already been filed, this petition is disposed of with the liberty to the petitioners to appear/surrender before the learned trial court and seek for regular bail.
Bail application is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioners facing charges under Section 304(B) IPC read with the Dowry Prohibition Act.
2 provisions across 2 enactments
AIBUDDIN ALI AND ANR.
THE STATE OF ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
