In an application for pre-arrest bail under Section 438 Cr.PC, the court directed that the petitioner shall not be arrested until his appearance before the lower court on 11.4.2019, where he must file a bail application.
Petitioner directed not to be arrested until appearance before lower court on 11.04.2019 to file bail application.
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GAHC010054842019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 754/2019
1:FAIZUL HAQUE LASKAR S/O. LT. SIKANDAR ALI LASKAR, VILL. NISCHINTPUR PART-III, P.S. AND DIST. HAILAKANDI, ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. S H SIKDAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 14-03-2019
This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioner, namely, Faizul Haque Laskar, in connection with Lala PS Case No. 272/2017 under Sections 448/376 IPC (GR Case No. 1346/2017).
Heard Mr. H.R.A. Choudhury, learned senior counsel, assisted by Mr. S. Rahman, learned counsel for the petitioner. Also heard Mr. K. Konwar, learned Additional Public Prosecutor for the state respondent.
Perused the petition as well as the annexures furnished therewith.
It has been submitted by the learned senior counsel for the petitioner that Non Bailable Warrant of Arrest and Proclamation & Attachment have been issued against the petitioner and he was shown absconder in the charge-sheet. Considering the submission made by the learned senior counsel and the grounds stated in the petition, this court is of the view that, on 11.4.2019, i.e. the date fixed for appearance of the petitioner, the petitioner shall appear
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before the learned court below with an appropriate application for bail, which the learned court below will consider on its own merit.
However, till the appearance of the petitioner before the court below on the date fixed, i.e. 11.4.2019, he shall not be arrested.
With the above observation and direction this petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant interim pre-arrest bail from the date of application to the date listed for appearance before the lower court?
1 provisions across 1 enactments
Faizul Haque Laskar
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
