Abdul Malik Barbhuyan @ Abdul Manik v. the State of Assam
Case brief
What is this about?
The Gauhati High Court closed an application under Section 438 CrPC for pre-arrest bail. The court held that since the petitioner had joined the investigation and the charge sheet was filed after the interim protection order, Section 438 CrPC was no longer available but the interim protection remains valid until the trial court summons date.
What did the court decide?
The application under Section 438 CrPC is closed. The benefit of interim protection granted on 07.11.2022 remains in effect until the petitioner appears before the trial court on the summons date.