Bail application dismissed as the charge-sheet was already filed, and the matter was directed to be approached at the Court of Sessions first for grant of bail.
Bail application disposed of with direction to approach the Court below first.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010106072020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1568/2020
1:RAFIKUL HUSSAIN KHAN
S/O- KAMAL KHAN, R/O- MAHTOLI (SONTOLI), P.O- MAHTOLI, P.S- BOKO, DIST- KAMRUP, ASSAM, PIN- 781136
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A K AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 28-08-2020
Heard Mr. A.K. Ahmed, learned counsel for the petitioner. Also heard Mr. N. J. Dutta, learned Additional Public Prosecutor, Assam.
It has been submitted by Mr. Dutta, learned Addl. Public Prosecutor, Assam that in the present case, charge-sheet has already been filed by the investigating authority.
In view of above, this Court is of the view that it will be more appropriate for the petitioner to approach the Court below first as all the relevant documents for grant of bail are available with the Court below. If such an application is filed, the learned Court below shall consider and dispose of the same in accordance with law.
Page No.# 2/2
The Bail Application shall accordingly stand disposed of.
JUDGE
Comparing Assistant
RAFIKUL HUSSAIN KHAN
THE STATE OF ASSAM
N. KOTISWAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
