In bail application under CrPC S. 438,HC allowed release on bail to applicant who was in custody beyond statutory period, noting absence of charge-sheet, and ordered return of case diary.
Allowed bail of Rs.25,000 with surety; ordered return of case diary forthwith.
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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GAHC010156462021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2533/2021
IMRAN SHA CHOUDHURY SON OF LATE HARMUJ ALI R/O HOUSE NO. 05, BYE LANE -10, SEUJ SARANI PATH, LAKHIMI NAGAR, HATIGAON, P.S. DISPUR, DIST. KAMRUP (M), ASSAM,PIN-781038
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R J SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
12.11.2021.
Heard both the learned counsel for parties.
By filing this application, under Section 439 of the CrPC, petitioner Imran Sha
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Choudhury, who is in custody since 12.09.2021, has prayed for releasing him on regular bail in connection with Dispur P.S. Case No.3298/2021, under Sections 406/420/468/471/34 of the IPC.
Although the case diary has been produced but it is seen that charge-sheet has not been submitted. On the other hand, the accused person has completed the statutory period behind the bar since the date of arrest on 12.09.2021. As such he is entitled for default bail. Considering all above, the accused person is hereby allowed to go bail of Rs. 25,000/-with a surety of like amount to the satisfaction of learned CJM, Kamrup (M).
The bail petition stands disposed of.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether applicant entitled to release on regular bail in IPC cheating and forgery case where charge-sheet not filed after statutory period of custody.
1 provisions across 1 enactments
Imran Sha Choudhury
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
