Disposed

MD Abdul Hai and Anr. v. the State of Assam

Gauhati HC5 Jan 2023AB/2107/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application filed during police investigation. The Court directed the applicants to seek regular bail from the trial court within 15 days and extended interim protection previously granted under an order dated 30.08.2022.

What did the court decide?

The appellants are directed to appear before the court below within 15 days to apply for regular bail. Interim protection granted vide order dated 30.08.2022 stands extended.

MD Abdul Hai and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2023)

¶1

Page No.# 1/2

¶2

GAHC010146722022

¶3

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

¶4

Case No. : AB/2107/2022

¶5

MD ABDUL HAI AND ANR. S/O MD. ABDUL MAJID R/O VILL- BONGALI GARIGAON CHUTIA BASTI, P.O. AND P.S. HALWATING PIN-785681 DIST. SIVASAGAR, ASSAM 2: MD. HASMAT ALI S/O MD. JULA ALI R/O VILL- BONGALI GARIGAON- CHUTIA BASTI

¶6

P.O. AND P.S. HALWATING PIN-785681 DIST. SIVASAGAR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

¶7

Advocate for the Petitioner : MR. S S BAROOAH

¶8

Advocate for the Respondent : PP, ASSAM

¶9

Page No.# 2/2

¶10

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

¶11

ORDER

¶12

Date : 05-01-2023

¶13

Heard Mr. S.S. Barooah, learned counsel for the applicant and also heard Mr. BB Gogoi, learned Addl. PP, appearing for the State respondent.

¶14

Apprehending arrest in connection with Halwating PS Case No.10/2022 under section 379 IPC read with section 11(1)(A)(d)(h) of Prevention of Cruelty to Animals Act, read with section 13(1) of the Assam Cattle Preservation (Amendment) Act, 2021, this application under section 438 Cr.P.C., is preferred by applicants, namely, 1. Md. Abdul Hai and 2. Md. Hasmat Ali , for grant of pre arrest bail.

¶15

Mr. Gogoi, learned Addl. PP submits that though the case diary was called for, the same has not been received and he has instructions from the concerned PS that the IO has already completed investigation and submitted charge sheet, being CS No.13/2022 dated 26.09.2022, under section 379/34 IPC, read with section 11(1)(A)(d)(e) of Prevention of Cruelty to Animals Act.

¶16

In view of the above, this anticipatory bail application stands disposed of by directing the applicant to appear before the learned court below within 15 (fifteen) days from today and to apply for regular bail and in the event of filing such an application, the learned court below shall consider the same in accordance.

¶17

Till then, the interim protection granted to the applicant vide order dated 30.08.2022 stands extended.

¶18

JUDGE

¶19

Comparing Assistant

MD Abdul Hai and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

MD Abdul Hai 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

Coram

Case details

Similar cases

Jillal Ali Vs the State of Assam

Fojor Ali Mondal Vs the State of Assam

Deepjyoti Kalita Vs the State of Assam and Anr.

Sajis Ali Vs the State of Assam

Karuna Das Vs the State of Assam

Mehbub Ali Vs the State of Assam