Dismissed

Hussain Ali Mandal @ Hosen Ali Mandal v. the State of Assam

Gauhati HC12 Dec 2022AB/3151/2022

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a pre-arrest bail application under Section 438 CrPC filed by Hussain Ali Mandal after the charge sheet was submitted on 28.09.2022. The court allowed the withdrawal of the application with liberty to approach the appropriate court.

What did the court decide?

The bail application was dismissed on withdrawal with liberty to the petitioner to seek appropriate remedy.

Hussain Ali Mandal @ Hosen Ali Mandal Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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GAHC010216962022

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

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Case No. : AB/3151/2022

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HUSSAIN ALI MANDAL @ HOSEN ALI MANDAL S/O- LT. ABDUL GANI MANDAL, R/O- VILL- UTTAR RAIPUR PART-I, P.O. GOLAKGANJ, P.S. GOLAKGANJ, DIST.- DHUBRI, ASSAM, PIN- 783334

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VERSUS

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THE STATE OF ASSAM REP. BY THE P.P., ASSAM

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Advocate for the Petitioner : MR. P A AHMED

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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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12.12.2022

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Heard Mr. P.A. Ahmed, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for respondent State of Assam.

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By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Hussain Ali Mandal @ Hosen Ali Mandal has approached this Court seeking the

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Page No.# 2/2

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benefit of pre-arrest bail, apprehending his arrest, in connection with Golakganj Police Station Case no. 439/2015, registered under Sections 120B/420/409/468/468/34, Indian Penal Code [IPC].

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The instant bail application was filed on 27.10.2022.

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It is submitted by Mr. Sarma, learned Additional Public Prosecutor that after completion of investigation in connection with Golakganj Police Station Case no. 439/2015, the Investigating Officer [I.O.] of the case has submitted a charge sheet under Section 173[2], CrPC vide Charge Sheet no. 518/2022 dated 28.09.2022 finding a prima facie case against the petitioner for commission of the offences under Sections 120B/420/409/468, IPC.

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In view of emergence of the fact of submission of the charge sheet, Mr. Ahmed, learned counsel for the petitioner has submitted that the petitioner may be permitted to withdraw the bail application with the liberty to take recourse to appropriate remedy.

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In view of the facts of submission of charge sheet on 28.09.2022 and of filing of the instant bail application on 27.10.2022; and having regard to the submission of Mr. Ahmed that the petitioner will take recourse to appropriate remedy upon withdrawal of the instant application, the instant bail application stands dismissed on withdrawal with the liberty to the petitioner, as prayed for.

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JUDGE

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Comparing Assistant

Hussain Ali Mandal @ Hosen Ali Mandal v. the State of Assam

Case brief

What is this about?

What did the court decide?

Hussain Ali Mandal @ Hosen Ali Mandal v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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