The Gauhati High Court disposed of an anticipatory bail application by granting liberty to the applicant to file a regular bail application in the trial court by a specified date, while continuing an existing interim protection order.
Liberty to file regular bail application in the trial court by 22.12.2021; interim protection to continue.
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GAHC010149882021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2888/2021
PARVEZ BORAH SON OF LATE DULU BORAH, R/O SIMALUGURI TOWN, P.S. AND P.O. SIMALUGURI, DIST. SIVASAGAR, ASSAM PIN-785686
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P DUTTA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 13-12-2021
Heard Shri P Dutta, learned counsel for the applicant. Also heard Shri B Sarma, learned Addl. Public Prosecutor, Assam.
This anticipatory bail application under Section 438 of the Cr.PC has been filed by the applicant, namely, Parvez Borah, praying for pre-arrest bail in connection with Dispur PS Case
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No. 3041/2021 under Section 420 of IPC read with Section 66C of the Information Technology Act, 2000.
At the outset, the learned counsel for the petitioner has submitted that investigation in the meantime is completed and charge sheet has been filed. It is further submitted that while calling for the Case Diary, this Court, vide an order an order dated 23.09.2021 granted interim protection to the applicant. Shri Dutta, learned counsel, accordingly submits that the petitioner be given liberty to approach the Court below and file a regular application for bail and till such consideration, the interim order passed by this Court be kept functional.
Shri Sarma, learned Addl. Public Prosecutor submits that it is, indeed a fact that charge sheet has been submitted, being Charge Sheet No. 428/2021, dated 06.11.2021. Learned Addl. Public Prosecutor fairly submits that the rest of the submissions made on behalf of the learned counsel for the applicant may be considered and appropriate orders be passed.
In view of the above, this anticipatory bail application is closed by giving liberty to the applicant to file appropriate application for bail in the learned trial court on or before 22.12.2021 and till such application is considered and disposed of, the interim protection granted vide order dated 23.09.2021 shall continue to be in operation. In the event such application is filed, the same is directed to be considered strictly in accordance with law.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the anticipatory bail application should be disposed of by granting liberty to file a regular bail application in the trial court.
3 provisions across 3 enactments
Parvez Borah
The State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
