Petitioner filed petition for pre-arrest bail under Section 438 CrPC. Court found case ended after charge sheet. Petition disposed of and interim bail made absolute with direction to appear upon summons.
Petition disposed of; interim bail made absolute; direction to appear before trial Court upon summons.
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GAHC010162882021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3098/2021
PAPU MONI OZAH
SON OF LATE TANKESHWAR OZAH, R/O KOCHGAON, P.O. CHARIALI, P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM, PIN-784176
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P BORDOLOI
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
14.12.2021
By filing this petition under Section 438 of the CrPC, the petitioner, namely, Shri Papu Moni Ozah, has sought for pre-arrest bail in the event of his arrest in connection with Biswanath Chariali PS Case No. 331/2021 (corresponding to GR Case No. 680/2021) under Sections 448/353 IPC.
Heard the learned counsel for both the sides.
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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. 171/2021, dated 31.10.2021.
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 pre-arrest bail under Section 438 CrPC should be granted when the case has already ended in charge sheet.
1 provisions across 1 enactments
PAPU MONI OZAH
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
