Special leave to bail application dismissed as the accused had already surrendered before the Special Judge CBI, rendering the application infructuous. Surrender documents to be kept on record.
Application under Section 438 Cr.P.C. dismissed as infructuous due to surrender.
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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GAHC040012512022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB 119/2022
1:Jobom Chang Mengu S/o Tapir Mengu,
R/o Sawmill Area Pasighat, PO and PS Pasighat, Dist. East Siang, Arunachal Pradesh
VERSUS
1:THE STATE OF AP
Represented by the Public Prosecutor (Special Investigation Cell), Arunachal Pradesh.
Advocate for the Petitioner : D Mazumdar, Sr. Advocate
Advocate for the Respondent : Ojing Pada
BEFORE
HONBLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 04-11-2022
Heard Mr. K. Apa, learned counsel is appearing on behalf of Mr. T.T. Tara, learned counsel for the petitioner. Also heard Mr. M. Kato, learned counsel appearing for CBI and Mr. O. Pada, learned Spl. P.P., SIC (VIZ). A copy of the order of the Special Judge (CBI) dated 02.11.2022 in connection with the CBI Case No. RCO172022A009 is submitted in this support.
It is submitted that accused Jobom Chang Mengu has surrendered before the Special
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Judge CBI on 02.11.2022.
As the accused has already surrendered before the Special Judge, CBI, this application under Section 438 Cr.P.C. has become infructuos.
Accordingly, this application is dismissed.
Documents of surrender of Jobom Chang Mengu at the Special Judge CBI should be kept as part of records.
Send back the Case Diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an application under Section 438 Cr.P.C. remains maintainable after the accused has surrendered before the Special Judge, CBI.
1 provisions across 1 enactments
Jobom Chang Mengu
The State of AP
Susmita Phukan Khaund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
