The court dismissed the anticipatory bail application due to the petitioner's non-appearance. An interim order was extended for 10 days pending the filing of a regular bail application, after which regular bail must be sought.
Petitioner directed to appear before the learned court below within 10 days to seek regular bail.
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GAHC010115582023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1924/2023
SADAM HUSSAIN KHAN
S/O- JAFRULLAH KHAN, R/O- VILL- SOOKRETING, P.S. DOOMDOOMA, DIST.- TINSUKIA, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. T CHUTIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
08.08.2023
None appears for the petitioner on call although Mr. D.P. Goswami, learned Addl. P.P., Assam is present for the State respondent.
It is submitted by Mr. D.P. Goswami, learned Addl. P.P., that charge-sheet has been submitted in the case vide C.S. No. 91/2023, dated 30.06.2023 in
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connection with Gohpur P.S. Case No.58/2023.
In view of the above, the anticipatory bail application stands dismissed with a direction to the petitioner to appear before the learned Court below within 10(Ten) days and seek regular bail, if so advised. If such bail application is filed, the same shall be disposed of in accordance with law. The interim order, dated 02.06.2023 shall continue for the next 10 days from the date of this order or till the petitioner’s appearance before the learned Court below, whichever is earlier.
This disposes of the anticipatory bail application.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the anticipatory bail application should be dismissed in the absence of the petitioner.
Whether a direction to seek regular bail within a specified time is appropriate.
SADAM HUSSAIN KHAN
THE STATE OF ASSAM REP. BY P.P., ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
