Petitioners sought pre-arrest bail under Section 438 Cr.PC. Court held that since police had submitted charge sheet, application was disposed of with liberty to surrender and seek regular bail from trial court.
Application disposed; liberty to surrender and seek regular bail from trial court.
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GAHC010107302019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1465/2019
1:MD. YUSUF ALI AND ANR.
S/O MD ABHARU ALI, R/O BHETAMUKH, P.S.-CHANGSARI, DISTKAMRUP(R), ASSAM
2: MD. KARIM ALI S/O MD LATIF ALI R/O BHETAMUKH P.S.-CHANGSARI DIST-KAMRUP(R
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. K K HANDIQUE
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. Md. Yusuf Ali and 2. Md. Karim Ali have prayed for pre-arrest bail, apprehending arrest in connection with Changsari P.S. Case No. 155/2019 under Section 120B/143/447/427/420/406 IPC.
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Heard Mr. K.K. Handique, 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 bail application under Section 438 Cr.PC should be allowed pending charge sheet or disposed of with liberty to approach trial court.
MD. YUSUF ALI AND ANR.
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
