Petitioner sought further bail time to file an application in the lower court. Court extended interim pre-arrest bail by 15 days, with automatic vacation if petitioner fails to appear within the stipulated period.
Interim pre-arrest bail extended for fifteen days; to be vacated automatically if petitioner fails to appear in lower court.
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GAHC010003702019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 46/2019
1:NUR JAMAL S/O LATE INNAS ALI VILL- DIGH PUKHURI P.S. LALUK DIST. LAKHIMPUR, ASSAM
VERSUS 1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M RAHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 01-04-2019
Heard Mr. M. Rahman, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor for the state respondent.
It has been submitted by the learned Additional Public Prosecutor that charge-sheet, vide C.S. No. 225/2018, dated 30.11.2018, has already been laid by the investigating officer after completion of investigation of the case.
That being so, if so advised, the petitioner shall approach the learned court below with an appropriate application for bail which the learned court below will consider and dispose of on its own merit.
The petitioner has been availing interim pre-arrest bail w.e.f. 10.1.2019. That being so, the interim pre-arrest bail granted to him vide the aforesaid order, is extended for
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another 15 (fifteen) days from today enabling him to appear before the learned court below and to make an application for bail.
However, in the event the petitioner does not appear before the learned court below within 15 days, as stipulated above, on the expiry of 15th day, the interim pre-arrest bail granted to him shall automatically stand vacated.
With the above observation and direction, this petition stands disposed of.
JUDGE
Comparing Assistant
Nur Jamal S/O Late Innas Ali
The State of Assam Rep. By the PP, Assam
Hitesh Kumar Sarma
As recorded by the court registry
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