Disposed

Jeet Saikia v. the State of Assam

Gauhati HC14 Dec 2021AB/3459/2021

Case brief

AI extract

What is this about?

An应用程序 seeking pre-arrest bail under Section 438 CrPC for an NDPS offence. The court observed that a charge sheet was already filed post-application. Consequently, the bail application was closed, with liberty reserved to approach the trial court for appropriate relief.

What did the court decide?

Bail application closed; liberty reserved to approach trial court for pre-arrest bail under Section 438 CrPC.

Jeet Saikia Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

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GAHC010175362021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/3459/2021

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JEET SAIKIA

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S/O- SRI SRI MINTU SAIKIA, R/O- VILL- PANIGAON, P.O. AND P.S. PANIGAON, DIST.- LAKHIMPUR, ASSAM, PIN- 787052 (THE SON IN LAW OF THE OWNER OF SCOOTY BEARING NO. AS-07-P-4046 (DIO))

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VERSUS

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THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MR. S DAS

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 14-12-2021

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Heard Mr. S. Das, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

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By this application under Section 438, Code of Criminal Procedure, 1973 [‘CrPC’ and/or ‘the Code’, for short], the petitioner viz. Sri Jeet Saikia has

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approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with NDPS Case no. 723/2021 registered for offence punishable under Section 22[b] of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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It has been submitted by Mr. Gogoi, learned Additional Public Prosecutor that the Investigating Officer [I.O.] of the case, after completion of investigation, has already submitted a charge sheet under Section 173(2), CrPC in connection with NDPS Case no. 723/2021 vide Charge Sheet no. 655/2021 dated 25.11.2021.

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In view of the submission of charge sheet in the case, Mr. Das has submitted that the petitioner will approach the learned jurisdictional trial court seeking the benefit of pre-arrest bail under Section 438, CrPC.

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Accordingly, this bail application stands closed, reserving the liberty to the petitioner to approach the learned jurisdictional trial court for seeking the benefit of pre-arrest bail under Section 438, CrPC by filing appropriate application.

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In the event such application is filed by the petitioner, the learned jurisdictional trial court shall consider the same in accordance with law and in an expeditious manner.

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JUDGE

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Comparing Assistant

Jeet Saikia v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jeet Saikia v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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