Petitioners sought pre-arrest bail under Section 438 CrPC in a criminal case. The Court converted the interim bail into absolute bail since the charge sheet was filed.
Interim bail made absolute; petitioners to appear before the learned trial court upon receipt of summons.
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GAHC010055192021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/894/2021
AKBAR ALI AND 14 ORS
S/O KUBBAT ALI, R/O NADIRMUKH, P.S.-KHARUPETIA, DIST-DARRANG (ASSAM)
2: SULMAAN ALI S/O KUBBAT ALI R/O NADIRMUKH P.S.-KHARUPETIA DIST-DARRANG (ASSAM)
3: HASEN ALI S/O KUBBAT ALI R/O NADIRMUKH P.S.-KHARUPETIA DIST-DARRANG (ASSAM)
4: GAJIJUR RAHMAN S/O KUBBAT ALI R/O NADIRMUKH P.S.-KHARUPETIA DIST-DARRANG (ASSAM)
5: MOBARAK ALI S/O BADSHAH ALI R/O BOLOGORA P.S.-DHULA DIST-DARRANG (ASSAM)
6: MATLEB ALI S/O BAREK ALI R/O BOLOGORA P.S.-DHULA DIST-DARRANG (ASSAM)
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7: NUR MOHAMMAD S/O HUSSAIN ALI R/O BOLOGORA P.S.-DHULA DIST-DARRANG (ASSAM)
8: SABAR ALI S/O TAFJAL ALI R/O BOLOGORA P.S.-DHULA DIST-DARRANG (ASSAM)
9: KHALILUR RAHMAN S/O KORBAAN ALI R/O MUWAMARI P.S.-KHARUPETIA DIST-DARRANG (ASSAM)
10: HANIF ALI S/O HUSSAIN ALI R/O MUWAMARI P.S.-KHARUPETIA DIST-DARRANG (ASSAM)
11: JAINAL ABDIN S/O MOTALEB MANDAL R/O NADIR MUKH P.S.-KHARUPETIA DIST-DARRANG (ASSAM)
12: RAFIQUL ISLAM S/O NUR ALI R/O NADIR MUKH P.S.-KHARUPETIA DIST-DARRANG (ASSAM)
13: KHALILUR RAHMAN S/O MAJIBAR RAHMAN R/O NADIR MUKH P.S.-KHARUPETIA DIST-DARRANG (ASSAM)
14: MUSHARAF HUSSAIN S/O HASEN ALI R/O BOLOGORA P.S.-DHULA DIST-DARRANG (ASSAM)
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15: JAHIR ALI S/O SAMAD ALI R/O BOLOGORA P.S.-DHULA DIST-DARRANG (ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. M MALLIK
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
10.12.2021.
By filing this petition under Section 438 of the CrPC, the petitioners, namely, (1) Akbar Ali, (2) Sulmaan Ali, (3) Hasen Ali, (4) Gajiur Rahman, (5) Mobarak Ali, (6) Matleb Ali, (7) Nur Mohammad, (8) Sabar Ali, (9) Khalilur Rahman, (10) Hanif Ali, (11) Jainal Abdin, (12) Rafiqul Islam, (13) Khalilur Rahman, (14) Musharaf Hussain and (15) Jahir Ali have sought for prearrest bail in connection with Kharupetia P.S. Case No.86/2021 registered under Sections 120(B)/147/148/149 /447/379/384/506 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 charge sheet has already been filed vide C.S. No.114/2021, dated 31.08.2021, before the learned trial Court.
Accordingly the interim bail granted earlier is hereby made absolute. The petitioners will appear before the learned trial Court, after receipt of summons from the Court.
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JUDGE
Return back the case diary forthwith.
Comparing Assistant
1 issue framed by the court
Whether to make the interim bail under Section 438 of CrPC absolute after the filing of the charge sheet.
1 provisions across 1 enactments
Akbar Ali and 14 Ors
The State of Assam represented by the Public Prosecutor, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
