In an application for pre-arrest bail under Section 438 Cr.PC regarding an Assam Game & Betting Act offence, the High Court noted the charge-sheet was filed. The Court directed the petitioners to appear before the learned court with a fresh bail application.
Petitioners directed to appear before the lower court with an appropriate bail application.
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GAHC010011702022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/190/2022
LOKMAN HAKIM AND ANR. SON OF EUNUS ALI R/O VILL- PARERCHAR P.O. ABHAYAPURI P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM
2: RASIDUL ALI @ ISLAM SON OF SUN MAMUD R/O VILL- DUMERGURI PART-I P.O. AND P.S. ABHAYAPURI DIST. BONGAIGAON ASSA VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. M MALLIK
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 02-03-2022
Heard Ms. M Mallik, learned counsel for the petitioners. Also heard Mr.
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BB Gogoi, learned Additional Public Prosecutor appearing for the State respondent.
This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the accused-petitioners, namely, 1. Shri Lokman Hakim and 2. Rasidul Ali @ Islam, in connection with Abhayapuri PS Case No. 874/2021 registered under Sections 14/15 of the Assam Game & Betting Act, 1970.
It has been submitted by Mr. Gogoi, learned Additional Public Prosecutor that charge-sheet has been laid, vide CS No. 52/2022, dated 08.02.2022 in the instant case by the Investigating Police Officer.
That being so, if so advised, the petitioners shall appear before the learned court below with an appropriate application for bail, which the learned court below shall consider on its own merit.
With the above observations and directions, this petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether an application for pre-arrest bail should be entertained when the charge-sheet has already been laid.
What direction should the High Court give regarding the appearance before the lower court.
2 provisions across 2 enactments
Lokman Hakim and Anr.
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
