Application for bail under Section 439 Cr.P.C in a narcotic offence charge sheeted as on record was disposed of. The court directed the applicant to approach the lower court for a fresh petition rather than granting bail itself.
Bail application disposed of by directing the applicant to approach the court below for filing appropriate bail petition.
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GAHC010114592022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1365/2022
RAJA BORO
S/O- SRI MANESWAR BORO, R/O- VILL.- ADARSHAGAON, P.S. MAZBAT, DIST. UDALGURI, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 09-11-2022
Heard Mr. R Ali, learned counsel appearing on behalf of Mr. A Choudhury, learned counsel for the applicant and also heard Mr. RJ Baruah, learned Addl. PP, Assam.
This application under Section 439 Cr.P.C is preferred by the accused Raja Boro, who has been languishing in jail hajot since 27.05.2022
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in connection with Rowta PS Case No.47/2022 under section 20(b)(ii)(C) of the NDPS Act.
Mr. RJ Baruah, learned Addl. PP submits that though the case diary was called for, but in the meantime the I/O has completed the investigation and submitted charge sheet vide charge sheet No.56/2022 dated 30.09.2022.
In view of the above, this bail application stands disposed of by directing the applicant to approach the learned court below for filing appropriate petition and in the event of filing such petition the learned court shall consider the same in accordance with law.
Comparing Assistant
2 issues framed by the court
Whether to grant bail to the accused in a narcotics offence charge sheeted before this court.
Who is competent to consider the bail application once the investigation is concluded.
2 provisions across 2 enactments
RAJA BORO
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
