Bail application granted liberty to approach trial court for regular bail as investigation completed and charge sheet filed. Application closed.
Application closed; liberty granted to approach jurisdictional trial court for regular bail.
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GAHC010146012022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1764/2022
SUKUR ALI AND ANR. S/ O LATE JAINUDDIN ALI R/O VILL- NO. 2 SHAMPUR, KHARUPETIA, P.S. NO. 2 SHAMPUR, DIST. DARRANG, ASSAM
2: MD. SOMER ALI S/O MD. SAHJAHAN ALI R/O VILL- SAMFULPARA PATHAR P.S. CHHAYGAON DIST. KAMRUP ASSA VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P K MUNIR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
09.08.2022
Heard Mr. P.K. Munir, learned counsel for the accused petitioners and Mr. P. Borthakur,
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learned Additional Public Prosecutor for the respondent State of Assam. By this application under Section 439, Code of Criminal Procedure, 1973, the accusedpetitioners viz. [1] Sukur Ali and [2] Md. Somer Ali have prayed for their release on bail in connection with Boko Police Station Case no. 274/2022, registered for offence under Sections 380/461/511/34, Indian Penal Code.
Mr. Borthakur, learned Additional Public Prosecutor has submitted that after completion of investigation, the Investigating Officer [I.O.] of the case has submitted a charge sheet being Charge Sheet no. 242/2022 dated 30.07.2022.
In view of the submission of the charge sheet in the case, Mr. Munir, learned counsel for the petitioners has submitted that the petitioners will approach the learned jurisdictional trial court seeking regular bail.
In view of the said submission of Mr. Borthakur, learned counsel for the petitioners, this application stands closed, granting the liberty to the petitioner to approach the learned jurisdictional trial court.
In the event the petitioners’ approach the jurisdictional trial court by filling any application seeking regular bail, the jurisdictional trial court shall consider such application on its own merits and in accordance with law.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a bail application should be decided when the investigation is complete but the party intends to seek regular bail from the trial court.
1 provisions across 1 enactments
Sukur Ali
Md. Somer Ali
State of Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
