A petition under Section 438 CrPC seeking pre-arrest bail was disposed of as the case had already reached the charge sheet stage. The petitioner was directed to approach the trial court if summoned.
Petition dismissed; petitioner directed to approach trial court if summoned or cited notice is received.
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GAHC010180412021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3569/2021
DIP JYOTI HAZARIKA SON OF LATE BIREN HAZARIKA R/O VILL- PUB KANDHULIMARI P.S. HOJAI DIST. HOJAI, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. U K BARMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
03.12.2021
By filing this petition under Section 438 of the CrPC, the petitioner, namely, Sri Dip Jyoti Hazarika, has sought for pre-arrest bail, apprehending his arrest in connection with Azara PS Case No. 38/2021, under Sections 406/420/381/468/471/34 IPC.
Heard the learned counsel for both the sides.
Also perused the record and the Case Diary.
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Learned Additional Public Prosecutor has submitted that the case has already ended at charge sheet, vide CS No. 128/2021, dated 31.10.2021.
In view of above, the petition stands disposed of, with a direction to the petitioner to approach the learned trial Court, as and when summon or notice is received.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether grant of anticipatory bail is necessary when the case has already been charge-sheeted.
1 provisions across 1 enactments
Dip Jyoti Hazarika
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
