Dismissed

Krishna Sarkar v. the State of Assam

Gauhati HC22 Sept 2022AB/2728/2022

Case brief

AI extract

What is this about?

The High Court dismissed a second application for pre-arrest bail under Section 438 CrPC. The Court observed that after the charge sheet was filed, liberty was granted in a previous order to approach the trial court, rendering the current bail application unnecessary.

What did the court decide?

The instant bail application was not entertained; liberty granted earlier to approach the trial court was reiterated.

Krishna Sarkar Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010189362022

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

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Case No. : AB/2728/2022

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KRISHNA SARKAR S/O MAHENDRA SARKAR R/O VILL- SAURAGURI P.O. GORAIMARI P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MS. R KALITA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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22.09.2022

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Heard Ms. R. Kalita, learned counsel for the petitioner and Mr. K.K. Parasar, learned Additional Public Prosecutor, Assam for the respondent State of Assam.

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The petitioner had earlier approached this Court seeking the benefit of pre-arrest bail

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Page No.# 2/2

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under Section 438, Code of Criminal Procedure, 1973 [CrPC], apprehending his arrest, in connection with Abhayapuri Police Station Case no. 172/2022 registered under Sections 420/468/471, Indian Penal Code [IPC], by filing an pre-arrest bail application, AB no. 2317/2022.

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During the pendency of the application for pre-arrest bail of the petitioner, AB no. 2317/2017, the Investigating Officer [I.O.] of the case after completion of the investigation, submitted a charge sheet under Section 173[2], CrPC vide Charge Sheet no. 433/2022 dated 31.08.2022. When the earlier bail application, AB no. 2317/2022 was listed for consideration on 08.09.2022, this Court was apprised of the fact of submission of charge sheet on 31.08.2022. In view of submission of the charge sheet in connection with Abhayapuri Police Station Case no. 172/2022, this Court had closed the bail application for pre-arrest bail, granting the liberty to the petitioner to approach the learned jurisdictional trial court for seeking regular bail by filing appropriate application before the learned jurisdictional trial court with the further observation that on filing any application by the petitioner, the learned jurisdictional trial court shall consider such application on its own merit and in accordance with law.

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In view of such observation already been made in the order dated 08.09.2022 passed in AB no. 2317/2022, the instant bail application preferred by the petitioner for the second time seeking the benefit of pre-arrest bail under Section 438, CrPC is not entertained.

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The petitioner may approach the learned jurisdictional trial court in terms of the observation made in the order dated 08.09.2022 passed in AB no. 2317/2022.

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JUDGE

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Comparing Assistant

Krishna Sarkar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Krishna Sarkar 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

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