The Gauhati High Court disposed of an application seeking pre-arrest bail under Section 438 Cr.P.C. The court directed the petitioner to approach the trial court with a bail application now that the charge sheet has been filed.
Directed petitioner to approach the trial court for bail; current bail application dismissed.
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
GAHC010008942021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/193/2021
SONARAM PAMEHGAM
S/O LATE BULA PAMEHGAM, A R/O VILL. BHIMPARA CHAPARE, P.O. BOGINADI, P.S. BOGINADI, DIST. LAKHIMPUR, ASSAM, PIN 787032
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : MR S BORTHAKUR
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
10-03-2021
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sonaram Pamehgam, in connection with BI(EO) P.S. Case No.11/2019 registered under Sections 120B/402/406/468/471/409 of the Indian Penal Code.
Heard Ms. P. Bora, learned counsel for the petitioner. Also heard Ms. S.H.Borah, learned
Page No.# 2/2
Additional Public Prosecutor, Assam appearing for the State Respondent.
It has been submitted by Ms. Borah, learned Additional Public Prosecutor that in the instant case charge-sheet vide C.S. No.6/2020 dated 27.10.2020 has been laid by the investigating police officer for the offence alleged.
In view of the laying of charge-sheet, the petitioner, if so advised, may approach the learned Court below with an appropriate application for bail and the learned Court below shall disposed of the same on its own merit.
With the above observation and direction, this bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant anticipatory Bail under Section 438 Cr.P.C.
1 provisions across 1 enactments
Sonaram Pamehgam
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
