The High Court disposed of an application seeking interference with an interim pre-arrest bail order after learning the accused had been charge-sheeted. The petitioner was directed to approach the trial court for regular bail within 10 days.
Petitioner directed to approach trial court for regular bail within 10 days; interim order continues.
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.# 1/3
GAHC010059222022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/127/2022
HAMIDA KHATUN,
D/O RUPCHAN ALI, R/O 11 NO. BAHADURTARI, PS SOUTH SALMARA, DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM REP BY PP ASSAM , GHY 1
Advocate for the Petitioner : MR A ALI
Advocate for the Respondent : PP, ASSAM
Linked Case : AB/354/2022
KABEL UDDIN AND 3 ORS S/O- LATE BAHAR ALI R/O- VILL- LARUAJAN P.S. CHHAYGAON DIST.- KAMRUP ASSAM
2: KOMELA KHATUN W/O- LATE BAHAR ALI R/O- VILL- LARUAJAN P.S. CHHAYGAON
Page No.# 2/3
DIST.- KAMRUP ASSAM 3: ABDUL MANNAN S/O- LATE BAHAR ALI R/O- VILL- LARUAJAN P.S. CHHAYGAON DIST.- KAMRUP ASSAM 4: HAJROT ALI S/O- BARU SHEIKH R/O- BHAURIA BHITHA P.S. CHHAYGAON DIST.- KAMRUP ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR ASSAM
-----------Advocate for : MR S HOQUE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
09.05.2022
Heard the learned counsel for both sides.
The petitioner herein was granted privilege of interim pre-arrest bail in the connected AB/354/2022 with certain terms and conditions and the informant whereas has sought for interference with the said interim order by way of the present Interlocutory Application [IA(Crl.)/127/2022].
Page No.# 3/3
Today, it is submitted by the learned Addl. P.P. that the case has already been charge sheeted before the concerned court under Section 498(A)/376 IPC.
In that view of the matter, the present petition stands disposed of with a direction to the petitioner to approach the learned trial court for regular bail within 10 days from today.
Till then, interim order passed earlier will continue.
The application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petition for interference with the interim pre-arrest bail order should be allowed now that the case has been charge-sheeted under Sections 498(A) and 376 IPC?
Hamida Khatun
State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
