Hearing an application for anticipatory bail under Section 438 CrPC, the court extended interim protection for 15 days pending appearance before the lower court for a regular bail application.
Interim protection extended for 15 days pending appearance before the lower court for regular bail application.
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GAHC010069702021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1118/2021
MD. MUSHADIK LATIF AND 2 ORS S/O MD. MEHBOOB LATIF, R/O M.R. ROAD, KAURIPATTY, NALIAPOOL, P.O. AND P.S.-DIBRUGARH, DIST- DIBRUGARH, ASSAM
2: MD. MEHBOOB LATIF S/O LATE INAMUL HUSSAIN R/O HOUSE NO. 265 M.R. ROAD KAURIPATTY NALIAPOOL P.O. AND P.S.-DIBRUGARH DIST- DIBRUGARH ASSAM 3: FARHANA LATIF W/O MD. MEHBOOB LATIF R/O HOUSE NO. 265 M.R. ROAD KAURIPATTY NALIAPOOL P.O. AND P.S.-DIBRUGARH DIST- DIBRUGARH ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. P BORA
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 01-10-2021
Heard Mr. P Bora, learned counsel for the petitioners. Also heard Mr. DP Goswami, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the accused-petitioners, namely, 1. Md. Mushadik Latif, 2. Md. Mehboob Latif and 3. Farhana Latif, in connection with Dibrugarh Police Station Case No. 705/2021 registered under Sections 498(A)/307 of the IPC read with Section 4 of the Dowry Prohibition Act, 1961.
It has been submitted by Mr. Goswami, learned Additional Public Prosecutor that charge-sheet has been laid, vide CS No. 661/2021, dated 29.09.2021 in the instant case by the Investigating Police Officer. However, since the petitioners have been availing interim protection, the same is extended for another 15 (fifteen) days from today.
That being so, if so advised, the petitioners shall appear before the learned court below within the next 15 (fifteen) days from today with an appropriate application for bail, which the learned court below shall consider on its own merit.
In the event, the petitioners do not appear before the learned court below within the next 15 (fifteen) days, the interim protection granted to him, vide order, dated 09.04.2021 shall automatically stand vacated.
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With the above observations and directions, this petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to petitioners in the present matter.
1 provisions across 1 enactments
Md. Mushadik Latif and 2 Ors
The State of Assam Represented by the Public Prosecutor
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
