The Gauhati High Court dismissed a petition under Section 438 Cr.P.C. as infructuous because the State had already submitted a Final Report, rendering the anticipatory bail application unnecessary. The interim order was vacated.
The petition under Section 438 Cr.P.C. is dismissed as infructuous; interim order is vacated.
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.
Page No.# 1/2
GAHC010184812022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2724/2022
DEBAJIT HAZARIKA AND ANR. S/O KSHIRESWAR HAZARIKA, PERMANANENT RESIDENT OF VILLAGE DIGHALA SONOWAL, P.S NAHARKATIA, DIST.- DIBRUGARH, ASSAM.
2: RABINSON BORO S/O LATE JABAR BORO PERMANENET RESIDENT OF VILLAGE DALAKATI
P.S.- ROWTA DIST.- UDALGURI (BAC) ASSAM VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM.
Advocate for the Petitioner : MR. M K SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 14-11-2022
Page No.# 2/2
Case Diary not received. It is submitted by learned Addl. P.P. Shri K.K. Parasar that Final Report being F.R. No. 209/2022 dated 28.09.2022 has been submitted against the petitioners.
Heard Mr. M.K. Sarma, learned counsel for the petitioners who had preferred a petition under Section 438 Cr.P.C. in connection with Azara PS. Case No. 513/2017 under Sections 406/420/120(B) of IPC. As Final Report has been submitted, this petition has become infructuous.
This petition is hereby dismissed.
Interim order stands vacated accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a bail petition under Section 438 Cr.P.C. survives after the submission of a Final Report by the Investigating Agency.
1 provisions across 1 enactments
Debjit Hazarika and Anr.
The State of Assam Rep. by the P.P., Assam
Susmita Phukan Khound
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
