Disposed

Rezzak Ali v. the State of Assam

Gauhati HC14 Nov 2022AB/1823/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application under Section 438 CrPC by direction for interim relief to continue only until the applicant files for regular bail before the Chief Judicial Magistrate.

What did the court decide?

Interim relief granted on 30.06.2022 to continue; applicant directed to apply for regular bail before the Chief Judicial Magistrate within 15 days.

Rezzak Ali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

¶1

Page No.# 1/2

¶2

GAHC010128832022

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : AB/1823/2022

¶5

REZZAK ALI

¶6

S/O INTAZ ALI, P.S.-SAPATGRAM, VILL-MAMUDPUR, DIST-DHUBRI, ASSAM, PIN-783345

¶7

VERSUS

¶8

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶9

Advocate for the Petitioner : MR H R A CHOUDHURY

¶10

Advocate for the Respondent : PP, ASSAM

¶11

BEFORE HON’BLE MR. JUSTICE ROBIN PHUKAN

¶12

O R D E R

¶13

14.11.2022.

¶14

Heard Mr. M. Mondal, learned counsel for the applicant. Also heard Mr. B.B. Ggogi, learned Additional Public Prosecutor, Assam for the State respondent.

¶15

Page No.# 2/2

¶16

This application, under Section 438 of the Code of Criminal Procedure, is preferred by applicant, namely, Razzak Ali, who is apprehending arrest in connection with Sapatgram P.S. Case No.44/2022 (corresponding to G.R. Case No.284/2022), under Section 379/411 of the IPC, read with Section 13(1) of the Assam Cattle Preservation Amendment Act, 2021, for grant of pre-arrest bail.

¶17

On instruction, Mr. B.B. Gogoi, learned Addl. P.P., Assam submits that the I.O. has already completed investigation and laid Charge-Sheet against the accused, vide Charge-Sheet No.36/2022, dated 30.06.2022, before the learned Court.

¶18

Since the Charge-Sheet has already been submitted, after completion of investigation, there is no scope of interference with the investigation and now, trial will start and the accused has to prepare his defence.

¶19

In view of above, this anticipatory application stands disposed of by directing the applicant to appear before the learned Chief Judicial Magistrate, Dhubri within a period of 15 (fifteen) days from today, to apply for regular bail and in event of filing such petition, the learned Court below shall consider and dispose of the same in accordance with law.

¶20

Till then, the interim relief granted on 30.06.2022, shall continue.

¶21

In terms of above, this anticipatory bail application stands disposed of.

¶22

JUDGE

¶23

Comparing Assistant

Rezzak Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rezzak Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bidhu Bhushan Vs Gautam Das and 2 Ors.

Hazrat Osman Gani and Anr. Vs the State of Assam

Dipu Moni Das Vs the State of Assam

Indrojit Das and Anr. Vs Shyam Prasad Mahato

Gulbar Ali Vs the State of Assam

Moyna Miya Laskar @ Moyna Mia Vs the State of Assam