In this anticipatory bail application filed under Section 438 Cr.P.C. apprehending arrest in a theft case, the High Court observed that the charge-sheet had already been filed by the police.
The anticipatory bail application is disposed of; the accused is directed to approach the trial Court for bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010015022019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 198/2019
1:SOIDUR RAHMAN @ MONU S/O- ABDUL GONI MONDAL @ ABDUL GONI, VILL- KATARIHARA, P.SLAKHIPUR, DIST- GOALPARA, ASSAM, PIN- 783129
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MR. JUSTICE HITESH KUMAR SARMA
:: O R D E R ::
12-03-2019
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Saidur Rahman @ Monu, apprehending arrest in connection with Lakhipur Police Station Case No. 388/2018 , registered under Sections 379/411 of the IPC .
I have perused the petition including the copy of the FIR and the documents annexed therewith.
Heard Mr. M Hoque, learned counsel for the petitioner as well as Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State of Assam.
Mr. Dutta, learned Additional Public Prosecutor submits that in the instant case, charge-sheet, vide CS No. 12/2019, dated 31-01-2019, has already been laid by the Investigating Police Officer, after completion of investigation of the case.
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That being so, if so advised, the accused-petitioner may approach the learned trial Court with an appropriate application for bail, and if he makes any application for bail, the same be considered and disposed of on its own merit taking into consideration all the relevant factors. The anticipatory bail application stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the anticipatory bail application should be allowed given the filing of the charge-sheet.
1 provisions across 1 enactments
Saidur Rahman @ Monu
The State of Assam Rep. by the PP, Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
