This grant of interim pre-arrest bail under Section 438 Cr.PC was disposed of with a direction that the accused must appear in the trial court within 15 days for permanent bail consideration.
Granted interim bail and directed appearance before trial court within 15 days.
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GAHC010189482018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2657/2018
1:NASER ALI AND 5 ORS.
S/O- LATE MINAT ALI, R/O- VILL- NADIA PARA, P.S- KALGACHIA, PIN781319, DIST- BARPETA, ASSAM
2: AMZAD ALI S/O- LATE MINAT ALI R/O- VILL- NADIA PARA P.S- KALGACHIA PIN- 781319 DIST- BARPETA ASSAM
3: ABDUL AZIZ S/O- LATE MINAT ALI R/O- VILL- NADIA PARA P.S- KALGACHIA PIN- 781319 DIST- BARPETA ASSAM
4: SAMSUL HAQUE S/O- LATE MINAT ALI R/O- VILL- NADIA PARA P.S- KALGACHIA PIN- 781319 DIST- BARPETA ASSAM
5: AYNAL HAQUE S/O- LATE MINAT ALI R/O- VILL- NADIA PARA
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P.S- KALGACHIA PIN- 781319 DIST- BARPETA ASSAM
6: ASHADUL ISLAM S/O- LATE MINAT ALI R/O- VILL- NADIA PARA P.S- KALGACHIA PIN- 781319 DIST- BARPETA ASSAM VERSUS 1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. K PATHAK
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 09-01-2019
Heard Mr. K Pathak, learned counsel for the accused-petitioner as well as Mr. B Sarma, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners , namely, 1. Naser Ali, 2. Amzad Ali, 3. Abdul Aziz, 4. Samsul Haque, 5. Aynal Hoque and 6. Ashadul Islam , in connection with Kalgachia P.S. Case No. 714/2018 registered under Sections 147/148/149/447/326/325/307 of the IPC.
Learned Additional Public Prosecutor submits that charge-sheet being CS No. 38/2018, dated 15.10.2018 has already been laid by the Investigating Police Officer. That being so, if so advised, the accused-petitioners shall appear before the learned court
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below, where the case is pending, within 15 (fifteen) days from today, with an appropriate application for bail, which the learned court below will consider on its own merit.
In the event, the accused-petitioners fails to appear before the learned court below within the stipulated time, the interim order passed earlier on 02.11.2018 shall automatically stand vacated.
With the above observation and direction, this petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
whether to grant pre-arrest bail under Section 438 Cr.PC in a case involving public provocation and rioting.
1 provisions across 1 enactments
Naser Ali and 5 Ors.
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
