Single judge order considering an application for pre-arrest bail under Section 438 Cr.PC in connection with Section 368 IPC. The court dismissed the application and directed the accused to seek bail in the trial court within 15 days.
Accused directed to appear before the court below within 15 days with a bail application; interim bail extended for 15 days.
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GAHC010099482019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1364/2019
1:RAJIB ALI
S/O MOZIL HOQUE, R/O DOLOITOLA, P.S.-HAJO, DIST-KAMRUP, ASSAM
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 03-10-2019
Heard Mr. SM Abdullah P, learned counsel for the accused-petitioner as well as Mr. NJ Dutta, 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 accused-petitioner, namely, Rajib Ali, in connection with Hajo PS Case No. 68/2019 registered under Section 368 of the IPC.
Learned Additional Public Prosecutor submits that charge-sheet being CS No. 47/2019, has already been laid by the Investigating Police Officer. That being so, if so
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advised, the accused-petitioner shall appear before the learned court below, where the case is pending, within 15 (fifteen) days from today, with an appropriate application for bail, which the learned court below will consider on its own merit. On the other hand, the accused-petitioner has been availing interim pre-arrest bail w.e.f. 09.05.2019 which is extended for the next 15 (fifteen) days.
In the event, the accused-petitioner fail to appear before the learned court below within the stipulated time, the interim order passed earlier shall automatically stand vacated.
With the above observation and direction, this petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether this is a fit case for granting pre-arrest bail in a case registered under Section 368 IPC.
Whether to direct the accused to appear before the lower court within 15 days instead of granting absolute bail.
2 provisions across 2 enactments
Rajib Ali
The State Of Assam Represented By The Public Prosecutor, Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
