In a pre-arrest bail petition filed under Section 438 CrPC, the court noted that the case had ended in a charge sheet. It disposed of the petition granting liberty to approach the trial court for regular bail.
Petition disposed with liberty to approach trial court for regular bail.
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GAHC010144102021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2783/2021
BASIR UDDIN AND 2 ORS. S/O LATE ARFAAN ALI VILL- PUBJARONI P.O. KOROIGURI, P.S. MURAJHAR DIST. HOJAI, ASSAM PIN-782440
2: NIZAM UDDIN S/O LATE ABDUL JALIL VILL- KOROIGURI P.O. AND P.S. MURAJHAR DIST. HOJAI ASSAM
3: SARIF UDDIN S/O LATE FARIZ ALI VILL- PUB JARONI P.O. KOROIGURI P.S. MURAJHAR DIST. HOJAI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR F K R AHMED
Advocate for the Respondent : PP, ASSAM
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:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
17.12.2021
By filing this petition under Section 438 of the CrPC, the petitioners, namely- (1) Basir Uddin, (2) Nizam Uddin and (3) Sarif Uddin have sought for pre-arrest bail in connection with Murajhar P.S. Case No.307/2021 registered under Section 448/354(A)/380/427/34 IPC (corresponding to G.R. No.1627/2021).
Heard the learned counsel for both the parties.
On instructions, learned Addl. Public Prosecutor, Assam has submitted that the case ended in a charge sheet vide CS No.191/2021 which was filed on 30.06.2021.
Accordingly, the present petition stands disposed with a liberty to the petitioner to approach before the ld. trial court for regular bail.
The petition stands disposed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail under Section 438 CrPC in a case where the charge sheet has been filed.
1 provisions across 1 enactments
BASIR UDDIN AND 2 ORS.
THE STATE OF ASSAM REP. BY THE PP, ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
