This order dismisses a pre-arrest bail application under Section 438 Cr.P.C. held to be closed because the investigation was concluded and a final report was already submitted by the police.
The anticipatory bail application stands closed and the interim pre-arrest bail granted earlier is vacated.
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GAHC010156362019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2096/2019
1:NAMITA BEGUM
S/O LATE BABUL ALI, R/O NOONMATI, NIZARAPAR, P.S.-NOONMATI, DISTKAMRUP(M), ASSAM
VERSUS
1:THE STATE OF ASSAM REP BY PP, ASSAM
Advocate for the Petitioner : MR. C K NATH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 04-10-2019
This is an application, made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Namita Begum, apprehending arrest in connection with Noonmati Police Station Case No. 258 of 2019 , registered under Sections 457/380 of the IPC .
I have perused the petition including the copy of the FIR.
Heard Mr. S Munir, learned counsel for the petitioners 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, Final Report, vide FR No. 345/2019, dated 02-09-2019, has already been laid by the Investigating Police Officer, after completion of investigation of the case.
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That being so, no cause of action for this pre-arrest bail survives. Accordingly, this anticipatory bail application stands closed.
Interim pre-arrest bail granted to the petitioners, vide order, dated 03-07-2019 accordingly stands vacated.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the anticipatory bail application survives since the final report was already laid by the police.
Whether the interim pre-arrest bail granted earlier should be vacated.
3 provisions across 2 enactments
Namita Begum
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
