The High Court disposed of a Section 438 CrPC anticipatory bail application granted by the applicant, as the police had already filed the Final Report, rendering no cause of action for bail.
Anticipatory bail application stands closed.
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GAHC010016662019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 215/2019
1:SAILEN DAS S/O LATE LOHIT CH DAS VILL- SUWALKUCHI, RAJGARH P.S. SUWALKUCHI KAMRUP, ASSAM
VERSUS 1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. M BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MR. JUSTICE HITESH KUMAR SARMA
:: O R D E R ::
11-03-2019
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Sailen Das, apprehending arrest in connection with North Guwahati Police Station, Amingaon Outpost Case No. 2/2018 , registered under Section 408 of the IPC .
I have perused the petition including the copy of the FIR and the documents annexed therewith.
Heard Ms. M Borah, learned counsel for the petitioner as well as Ms. SH Bora, learned Additional Public Prosecutor, appearing for the State of Assam.
Ms. Bora, learned Additional Public Prosecutor submits that in the instant case, Final Report,
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vide FR No. 05/2019, dated 31-01-2019, has already been laid by the Investigating Police Officer, after completion of investigation of the case.
That being so, no cause of action for this pre-arrest bail survives.
Accordingly, this anticipatory bail application stands closed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail survives when the Final Report has already been submitted by the investigating police.
2 provisions across 2 enactments
Sailen Das
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
