In a pre-arrest bail application under Section 438 Cr.P.C., the court held the petition infructuous because the Investigating Officer had already filed the Final Report. The earlier interim order was vacated and the bail application was dismissed.
The interim order passed earlier on 13.06.2018 stands vacated. The bail application is dismissed.
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GAHC010125002018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1789/2018
1:SAFER ALI @ SABUR BEPARI
S/O LATE JAMIR UDDIN, VILLAGE RAKHALDUBI, PS BAGUAN, DIST. GOALPARA, ASSAM, PIN-783120
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY PP, ASSAM
Advocate for the Petitioner : MR. A M AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 03-01-2019
Heard Mr. IA Hazarika, learned counsel for the accused-petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State respondent.
This application under Section 438 Cr.P.C. has been filed by the petitioner, namely Safer Ali @ Sabur Bepari seeking pre-arrest bail in connection with Jogiphopa P.S. Case No. 200/2018 registered under Sections 366(A)/34 IPC.
It is submitted by Mr. Sarma, learned Addl. PP that Final Report, Vide FR NO. 124, dated 13.06.2018 has already been filed by the Investigating Officer. That being so, there is no case against the accused petitioner.
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Therefore, this petition has become infructuous.
The interim order passed earlier on 13.06.2018 stands vacated. The bail application is dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an application for anticipatory bail becomes infructuous upon filing of the Final Report by the Investigating Officer.
1 provisions across 1 enactments
SAFER ALI @ SABUR BEPARI
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM
HITESH KUMAR SARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
