In a petition for pre-arrest bail under Section 438 CrPC, the court held the petition infructuous and dismissed it because the prosecution had filed a final report, rendering further bail proceedings unnecessary. Earlier interim bail was recalled.
Petition dismissed as infructuous; interim bail granted on 09.03.2021 recalled.
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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GAHC010041612021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/715/2021
MD. SAFIKUL HAQUE S/O. JALNUR ALI, VILL. BARBUKIA, P.S. NALBARI, DIST. NALBARI, ASSAM.
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. J I BORBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
02.12.2021.
By filing this petition under Section 438 of the CrPC, petitioner Safikul Haque has sought for pre-arrest bail in connection with the Nalbari P.S. Case No.615/2020, registered under Sections 420/471/506/34 of the IPC.
Heard learned counsel for both sides.
On instruction, Mr. B. Sarma, the learned Addl. P.P., Assam appearing for the State respondent
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has submitted that final report has already been filed in the case vide F.R. No.155/2021, dated 22.07.2021 before the learned trial Court.
In view of above, the petition become infructuous and hence dismissed.
The interim bail granted earlier on 09.03.2021 stands recalled.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a bail petition is maintainable when the prosecution has already filed a final report.
1 provisions across 1 enactments
Md. Safikul Haque
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
