The petition for pre-arrest bail under Section 438 CrPC was dismissed as infructuous because the underlying case had already ended with the filing of the charge sheet. The petition was directed to approach the trial court for regular bail.
Petition dismissed as infructuous; direction to approach the trial court for bail.
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GAHC010131142021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2544/2021
HABEL UDDIN TALUKDAR @ ABELUDDIN SON OF ABDUL KARIM R/O VILL- NIZ BARUAJHAR P.O. KUARIPUKHARI, P.S. KHARUPETIA DIST. DARRANG, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P P BARUAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
16.12.2021
By filing this petition under Section 438 of the CrPC, the petitioner, namely, Habel Uddin Talukdar @ Abeluddin, has sought for pre-arrest bail, apprehending his arrest in connection with Kharupetia PS Case No. 340/2020, under Sections 148/149/448/379/436/427/506 IPC.
Mr B Sarma, learned Additional Public Prosecutor for the State of Assam has
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submitted that the case has already ended at charge sheet, vide CS No. 152/2021 dated 31.07.2021.
In view of the above submission, the present petition has become infructuous. Accordingly, the petition stands dismissed on being infructuous, with a direction to the petitioner to approach the learned trial Court, for bail.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the anticipatory bail petition filed under Section 438 CrPC should be allowed when the case has concluded at the charge sheet stage.
1 provisions across 1 enactments
Habel Uddin Talukdar @ Abeluddin
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
