Single Judge directed the petitioners to approach the trial court for bail, disposing the S. 438 Cr.PC application after the chargesheet was laid in an IPC case.
Direction to petitioners to approach the learned Court below with an appropriate application for bail.
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GAHC010090812020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1647/2020
1:RAHUL ALI AND 3 ORS.
S/O- CHAND MAHAMMAD ALI, R/O- VILL- LACHIMA, P.S. MUKALMUA, DIST.- NALBARI, ASSAM
2: ASHMA BEGUM W/O- CHAND MAHAMMAD ALI R/O- VILL- LACHIMA P.S. MUKALMUA DIST.- NALBARI ASSAM
3: IYASMIN SULTANA @ ASMIN BEGUM D/O- CHAND MAHAMMAD ALI R/O- VILL- LACHIMA P.S. MUKALMUA DIST.- NALBARI ASSAM
4: CHAND MAHAMMAD ALI S/O- LT. SHARIF R/O- VILL- LACHIMA P.S. MUKALMUA DIST.- NALBARI ASSA
VERSUS 1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. P P DAS
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Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 08-10-2020
The Court proceedings have been conducted through Video-Conference.
Heard Mr. PP Das, learned counsel appearing for the petitioners. Also heard Mr. B Sarma, learned Additional Public Prosecutor, appearing for the State of Assam.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the petitioners, namely, 1. Rahul Ali, 2. Ashma Begum, 3. Iyasmin Sultana @ Asmin Begum and 4. Chand Mahammad Ali, in connection with Mukalmua PS Case No. 217/2020 registered under Sections 493/420/325/34 of the IPC.
The learned Additional Public Prosecutor has submitted that in the instant case chargesheet has been laid vide, CS No. 157/2020, dated 27.07.2020.
That being so, this petition is disposed of with a direction to the petitioners to approach the learned Court below with an appropriate application for bail.
This petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail application pending after chargesheet lays should be disposed of with direction to approach the trial court.
1 provisions across 1 enactments
Rahul Ali and 3 Ors.
The State of Assam rep. by P.P., Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
