This court disposed of an application for anticipatory bail seeking 15 days of extended interim protection. The petitioner was directed to approach the lower court within 15 days for regular bail consideration.
Interim protection extended for 15 days; petitioner directed to approach lower court for bail within that period.
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GAHC010023902022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/397/2022
MD. IMRAN HUSSAIN S/O HAJARAT ALI R/O PUB-SHOBALANI P.S. LAWKHOWA DIST. NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 04-03-2022
Heard Mr. SM Abdullah P, learned counsel for the petitioner. Also heard Mr. M Phukan, learned Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-
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arrest bail of the petitioner, namely, Md. Imran Hussain, in connection with Rupahihat P.S. Case No. 563/2021 registered under Sections 188/353/34 of the IPC read with Sections 14/15 of the Assam Game & Betting Act, 1970.
It has been submitted by Mr. Phukan, learned Public Prosecutor that charge-sheet has been laid, vide CS No. 26/2022, dated 25.02.2022 in the instant case by the Investigating Police Officer. However, since the petitioner has been availing interim protection, the same is extended for another 15 (fifteen) days from today.
That being so, if so advised, the petitioner shall appear before the learned court below within the next 15 (fifteen) days from today with an appropriate application for bail, which the learned court below shall consider on its own merit.
In the event, the petitioner do not appear before the learned court below within the next 15 (fifteen) days, the interim protection granted to him, vide order, dated 14.02.2022 shall automatically stand vacated.
With the above observations and directions, this petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to extend interim protection granted on anticipatory bail application pending regular bail consideration by the offence court.
2 provisions across 2 enactments
Md. Imran Hussain
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
