Petitioners sought pre-arrest bail under Section 438 CrPC regarding Sections 420/448/506/34 IPC. The High Court held the case was at charge sheet stage and disposed of the petition, converting interim bail to absolute.
The petition stands disposed of; the interim bail granted earlier is hereby made absolute.
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GAHC010106812021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2011/2021
SMTI. BANTI LALUNG AND 4 ORS. W/O PARAMANANDA LALUNG R/O VILL- KAPAHTOLI LALUNG, P.S. SILAPATHAR DIST. DHEMAJI, ASSAM
2: SRI KUJAN DOLEY S/O SRI KANTARAM DOLEY R/O VILL- LAMA BORGORAH
P.S. SILAPATHAR DIST. DHEMAJI ASSAM
3: SMTI. DIPTI GOGOI (BARUAH) W/O SRI TRILUKHYA BORUAH R/O VILL- SRIPANI AHOM P.S. SILAPATHAR DIST. DHEMAJI ASSAM
4: SRI TARUN GOGOI S/O LATE VILL-LATE NARAYAN GOGOI R/O VILL- SRIPANI JANAKALYAN P.S. SILAPATHAR DIST. DHEMAJI ASSAM
5: SRI TROILUKYA BORUAH S/O NUMAL BORUAH R/O VILL- SRIPANI AHOM P.S. SILAPATHAR DIST. DHEMAJI
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ASSA
VERSUS
THE STATE OF ASSAM THROUGH THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. U DUTTA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
15.12.2021
By filing this petition under Section 438 of the CrPC, the petitioners, namely, 1) Smt. Banti Lalung, 2) Sri Kujan Doley, 3) Smti Dipti Gogoi, 4) Sri Tarun Gogoi and 5) Sri Troilukya Boruah, have sought for pre-arrest bail, apprehending their arrest in connection with Silapathar PS Case No. 335/2021, under Sections 420/448/506/34 IPC.
Heard the learned counsel for both the sides.
Also perused the record and the Case Diary.
Learned Additional Public Prosecutor has submitted that the case has already ended at charge sheet, vide CS No. 325/2021, dated 06.12.2021.
In view of above, the petition stands disposed of and the interim bail granted earlier is hereby made absolute with a direction to the petitioner to appear before the learned trial Court, as and when summon or notice is received.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a petition for pre-arrest bail under Section 438 CrPC requires disposal when the case has reached the stage of charge sheet.
1 provisions across 1 enactments
Smti. Banti Lalung and 4 Ors.
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
