Disposed

Md. Sariful Islam Fakir @ Sariful Islam and Anr. v. the State of Assam

Gauhati HC8 Jun 2023AB/1346/2023

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a Section 438 Cr.P.C. application by directing the petitioners to seek regular bail within 45 days, noting that the police had submitted the charge-sheet for the underlying case. The petitioners were granted continuation of interim bail pending compliance.

What did the court decide?

Continuation of interim bail; direction to file bail application before 23.06.2023.

Md. Sariful Islam Fakir @ Sariful Islam and Anr. Vs the… — Anticipatory Bail | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010080652023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1346/2023

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MD. SARIFUL ISLAM FAKIR @ SARIFUL ISLAM AND ANR S/O SIRAJUL HOQUE R/O VILL- AHMEDPUR BLOCK P.O. KUTUBPUR, P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM

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2: ADUDUR RAHMAN S/O SIRAJUL HOQUE R/O VILL- AHMEDPUR BLOCK P.O. KUTUBPUR P.S. BIHPURIA DIST. LAKHIMPUR ASSA

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. D SARMAH

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/2

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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08/06/2023

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Heard Mr. D Sarmah, learned counsel for the petitioners and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State.

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The petitioners, namely, (1) Md. Sariful Islam Fakir @ Sariful Islam and (2) Abudur Rahman , have filed this application under Section 438 Cr.P.C. seeking pre-arrest bail apprehending their arrest in Bihpuria P.S. Case No. 57/2023 registered under Sections 326/307/325/427/34 IPC corresponding to G.R. No. 297/2023.

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The petitioners are already on interim bail in said Bihpuria P.S. Case No. 57/2023 pursuant to the order passed earlier on 12.04.2023 in this proceeding.

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During the deliberation of the matter, Mr. M P Goswami, learned Additional Public Prosecutor, Assam, on instructions submitted that police after investigation of said Bihpuria P.S. Case No. 57/2023 has already submitted the charge-sheet on 28.04.2023 vide Charge-Sheet No. 60/2023.

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In view of the above, the petitioners shall approach the appropriate Court for their regular bail in said Bihpuria P.S. Case No. 57/2023 corresponding to G.R. No. 297/2023 on or before 23.06.2023 .

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Till then (i.e., 23.06.2023), the petitioners shall remain on interim bail granted to them earlier on 12.04.2023 in said Bihpuria P.S. Case No. 57/2023.

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With the above observation and direction, this pre-arrest bail application stands disposed of.

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JUDGE

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Comparing Assistant

Md. Sariful Islam Fakir @ Sariful Islam and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Sariful Islam Fakir @ Sariful Islam and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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