The Court allowed the withdrawal of an anticipatory bail application filed under Section 438 Cr.PC. The petitioner directed to appear before the Trial Court within 10 days to seek regular bail after the investigation and chargesheet were completed.
Application dismissed on withdrawal with liberty to appear before Trial Court within 10 days for regular bail.
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GAHC010119712022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1692/2022
AMRIT SAIKIA
S/O LATE DEBESWA SAIKIA
R/O VILL- DOPADAR BHITARUWAL GAON, P.O. DOPDAR, P.S. HALUATING, DIST. SIVASAGAR, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P K GOGOI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
05-08-2022
Heard Shri P.K. Gogoi, learned counsel for the applicant, namely, Shri Amrit Saikia, who has filed this anticipatory bail application under Section 438 of the Cr.PC praying for pre-arrest bail in connection with Amguri PS Case No. 62/2022 registered under Section 379 of the IPC.
At the outset, Ms. N. Das, learned Additional Public Prosecutor, Assam
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submits that investigation is over and the Charge Sheet has been submitted on 30.06.2022 being Charge Sheet No. 28/2022.
In view of the changed circumstances, the learned counsel for the petitioner prays for withdrawing this application with liberty to make a prayer for bail before the learned Trial Court.
Ms. Das, the learned Additional Public Prosecutor, Assam submits that she does not have any objection to the said prayer.
Accordingly, the petitioner is directed to appear before the Trial Court within 10 (ten) days and make a prayer for regular bail.
The application accordingly stands dismissed on withdrawal with liberty as indicated above.
It is further observed that in the event such application is filed, the learned Trial Court shall consider the same as per its own merit.
The interim order passed in this case shall continue till the date of appearance which should be within 10 (ten) days from today.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to allow withdrawal of anticipatory bail application under Section 438 Cr.PC with liberty to apply for regular bail before the Trial Court.
Whether to grant liberty to the petitioner to make a fresh prayer for bail before the learned Trial Court.
2 provisions across 2 enactments
Amrit Saikia
The State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
