Petitioner filed anticipatory bail application under Section 438 CrPC in a POCSO and child marriage case. Court ordered petitioner to approach the court by 04.07.2023 for regular bail after charge-sheet submission, maintaining interim bail until then.
Petitioner to approach the Court by 04.07.2023 for regular bail; interim bail remains in force until that date.
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GAHC010028722023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/428/2023
ABDULHAI S/O LATE KASHEM ALI VILL- BORGHOLA PART-I P.S. JOGIGHOPA DIST. BONGAIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
21-06-2023
Heard Mr. R Ali, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State.
By this application under Section 438 CrPC, the petitioner, namely, Abdul Hai, has prayed for his pre arrest bail in Jogighopa Police Station Case No. 58/2023, corresponding to N.G.R. No. 137/2023 registered under Section 6 of the POCSO Act read with Sections 9/10 of
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the Prohibition of Child Marriage Act, 2006.
By order dated 15.02.2023, the Court granted interim bail to the petitioner in said Jogighopa P.S. Case No. 58/2023, which is still in force.
During the deliberation of the matter, Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam submitted that police after investigation of said Jogighopa P.S. Case No. 58/2023 has already submitted the charge-sheet on 27.03.2023 vide Charge-Sheet No. 55/2023.
In view of the above, the petitioner, namely, Abdul Hai, shall approach the appropriate Court on or before 04.07.2023 for his regular bail in said Jogighopa P.S. Case No. 58/2023, noted above.
Till then i.e., 04.07.2023, the petitioner shall remain on interim bail granted to him earlier on 15.02.2023.
With the above observations and direction, this bail application of the petitioner, stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to regular bail after the submission of the charge-sheet in the pending case.
3 provisions across 3 enactments
Abdul Hai S/O Late Kasem Ali
The State of Assam
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
