A petition for pre-arrest bail was disposed of as infructuous after the charge sheet was filed. The petitioner was directed to approach the trial court for regular bail.
Petition disposed; directed to approach trial court for regular bail.
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GAHC010148652021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2839/2021
UTJAL SAIKIA
SON OF LATE MITRADEV SAIKIA
R/O BARUAH TINIALI, TIPLING, P.O. JALONI, DIBRUDOWAR, DIST. DIBRUGARH, ASSAM-786602
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H K SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
11.11.2021.
By filing this petition under Section 438 of the CrPC, petitioner Utjal Saikia has sought for prearrest bail in connection with the Duliajan P.S. Case No.355/2021, under Sections 420/406 of the IPC.
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Heard learned counsel for both sides.
On instruction, Mr. B. Sarma, the learned Addl. P.P., Assam appearing for the State respondent has submitted that in the present case, the charge sheet has already been filed vide C.S. No.191/2021, dated 30.09.2021, before the learned trial Court.
Accordingly the present petition becomes infructuous and the same is disposed of with direction to the petitioner, named above, to approach the learned trial Court, for regular bail. The bail petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail petition was maintainable after charge sheet filing
Whether petitioner must approach trial court for regular bail instead of anticipatory bail
1 provisions across 1 enactments
Utjal Saikia
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
