The Gauhati High Court dismissed a bail petition on the basis of its withdrawal by the petitioner's counsel, who argued that further witness depositions would be pointless as the trial was concluding.
Bail petition dismissed on withdrawal.
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GAHC010101012022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1199/2022
ABDUL MOTLEB S/O BOKKER ALI R/O VILL- JHAWKURA P.S. PANCHARATNA DIST. BONGAIGAON, ASSAM
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
14-09-2022
Shri M. Ahmed, learned counsel for the petitioner submits that out of eight numbers of cited Pws, six are already over and four of them have been declared hostile.
This Court is of the view that passing any order in an application for a bail
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based on the depositions made by the witnesses on the dock will have a definite impact on the outcome of the trial and prejudice may be caused to either of the parties which is not object in the adjudication of a bail petition.
Under such circumstances, Shri Ahmed, the learned counsel for the petitioner submits that he would like to withdraw this application as the trial is coming to an end.
Also heard Shri B. Sharma, learned Addl. Public Prosecutor, Assam.
Upon consideration of the prayer made, bail petition is dismissed on withdrawal.
JUDGE
Comparing Assistant
ABDUL MOTLEB S/O BOKKER ALI
THE STATE OF ASSAM
SANJAY KUMAR MEDHI
As recorded by the court registry
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