Accused petitioners applied for pre-arrest bail under Section 438 CrPC. The court directed them to approach the concerned court for bail within 15 days as the charge-sheet had been laid, granting interim bail till then.
Interim bail continued; accused directed to approach concerned court for bail within 15 days.
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GAHC010216832019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2991/2019
1:TILAK BHUYAN AND ANR.
S/O LATE CHIRO BHUYAN, R/O SUALKUCHI, P.O. AND P.S.-SUALKUCHI, DIST-KAMRUP(R), ASSAM, PIN-781103
2: CHAKRA PATI BHUYAN @ CHAKRABORTY S/O SRI BHUPEN BHUYAN R/O SUALKUCHI P.O. AND P.S.-SUALKUCHI DIST-KAMRUP(R) ASSAM PIN-78110
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS D KALITA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 26-11-2019
Heard Mr. SK Sarkar, learned counsel for the accused-petitioners as well as Ms. A. Begum, learned Additional P.P., Assam, appearing for the State respondent .
This is an application, under Section 438 CrPC, seeking pre-arrest bail of the accused-
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petitioners, namely, Tilak Bhuyan and Chakra Pati Bhuyan @ Chakraborty, in connection with Sualkuchi PS Case No. 64/2019 registered under Sections 120(B)/143/323/325/307/354 IPC.
It has been submitted by Ms. A. Begum, learned Additional P.P. that the charge-sheet vide C.S. No. 72/2019 dated 13.10.2019 has already been laid by the Investigating Officer in connection with the case.
That being so, the accused-petitioner is directed to approach the concerned court with an appropriate application for bail, within a period of 15 days from today, which, the said learned court shall consider on its own merit. Interim bail will continue till then.
With the above direction, this bail application stands disposed of.
JUDGE
milansinha/
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail application under Section 438 CrPC stands to be allowed pending the charge-sheeting of the accused.
1 provisions across 1 enactments
Tilak Bhuyan and Anr.
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
