The Gauhati High Court considered a petition for pre-arrest bail under Section 438 CrPC. Noting that the charge sheet was already filed, the court made the earlier interim bail absolute and disposed of the petition.
Interim bail made absolute; petitioners directed to appear before the trial Court; bail petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010171512021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3336/2021
NITUL BHUYAN AND 2 ORS S/O SRI DHANIRAM BHUYAN R/O VILL- BISHNUPUR DUBIAGAON P.O. BISHNUPUR P.S. DHEMAJI, ASSAM
2: SMTI. LILY HAJARIKA BHUYAN W/O SRI DHANIRAM BHUYAN R/O VILL- BISHNUPUR DUBIAGAON P.O. BISHNUPUR P.S. DHEMAJI ASSAM
3: SRI DHANIRAM BHUYAN S/O LT. KUKHESWAR BHUYAN R/O VILL- BISHNUPUR DUBIAGAON P.O. BISHNUPUR P.S. DHEMAJI ASSA
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR A ALI
Advocate for the Respondent : PP, ASSAM
BEFORE
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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
09.12.2021.
By filing this petition under Section 438 of the CrPC, the three petitioners namely Nitul Bhuyan, Smti. Lily Hajarika Bhuyan and Dhaniram Bhuyan have sought for pre-arrest bail in connection with the Dhemaji P.S. Case No.445/2021, under Sections 498(A)/34 of the IPC.
Heard learned counsel for both sides and perused the record and the case diary.
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.195/2021, dated 24.10.2021, before the learned trial Court.
In view of above, interim bail granted earlier is hereby made absolute. The petitioners will appear before the learned trial Court, after receipt of summons from the Court.
The bail petition stands disposed of.
Return back the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to convert the earlier interim bail into absolute bail given that a charge sheet has been filed.
1 provisions across 1 enactments
Nitul Bhuyan 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
