The High Court considered an application for anticipatory bail. The prosecutor submitted that the charge sheet had been filed. The Court closed the application, allowing the petitioner to seek regular bail from the trial court.
Application closed; liberty granted to approach jurisdictional trial court for regular bail.
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GAHC010193842022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2811/2022
IMDADUL ISLAM S/O ABDUS SALAM, R/O KUMRI PARA, P.O.- DARIDURI, P.S.- GOALPARA, DIST.- GOALPARA, ASSAM, PIN- 783101.
VERSUS
THE STATE OF ASSAM REP. BY LEARNED P.P., ASSAM.
Advocate for the Petitioner : MR. A S TAPADER
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 28-11-2022
Heard Mr. A.S. Tapader, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Imdadul Islam has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Jogighopa Police Station Case no. 459/2018 registered for offence punishable under Section 302, Indian Penal Code [IPC].
Mr. Goswami, learned Additional Public Prosecutor has submitted that after completion of the investigation in connection with Jogighopa Police Station Case no.
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459/2018, the Investigating Officer [I.O.] of the case has submitted a charge sheet under Section 173[2], CrPC vide Charge Sheet no. 263/2022 dated 31.10.2022.
In view of submission of the charge sheet in the case, Mr. Tapader, learned counsel for the petitioner has submitted that the petitioner will approach the learned jurisdictional trial court seeking regular bail.
In view of the said submission of Mr. Tapader, this application stands closed, granting liberty to the petitioner to approach the learned jurisdictional trial court.
It is expected that in the event the petitioner approaches the jurisdictional trial court by filing any application seeking regular bail, the jurisdictional trial court will consider such application on its own merits and in accordance with law.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in connection with an offence punishable under Section 302 IPC.
1 provisions across 1 enactments
Imdadul Islam
State of Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
