The Gauhati High Court disposed of a pre-arrest bail application after the state counsel informed the court that the charge-sheet had been filed. The petitioners were directed to seek regular bail from the appropriate forum by 18.11.2024.
Petitioners directed to seek regular bail before the appropriate forum on or before 18.11.2024.
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GAHC010121442024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1579/2024
NARAYAN DAS AND 3 ORS. S/O SRI RAJEN DAS, R/O VILL- KOROTIPAR, P.O.-GUALGAON, P.S.GARAMUR, PIN-785104, DIST-MAJULI, ASSAM
2: NIJU DAS R/O VILL- KOROTIPAR P.O.-GUALGAON P.S.-GARAMUR PIN-785104 DIST-MAJULI ASSAM
3: RAHUL DAS S/O SRI NARAYAN DAS R/O VILL- KOROTIPAR P.O.-GUALGAON P.S.-GARAMUR PIN-785104 DIST-MAJULI ASSAM
4: SMTI SONGITA DAS W/O SRI NARAYAN DAS R/O VILL- KOROTIPAR P.O.-GUALGAON P.S.-GARAMUR PIN-785104 DIST- MAJULI ASSA VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
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Advocate for the Petitioner : MR. J C GOGOI, MR. H KAKATI,MR. R KALITA,MR B ISLAM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
04-11-2024
No representation on behalf of the petitioners on call, though names of four counsels for the petitioners have been reflected in the cause list.
2. Heard Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State.
3. By this application under Section 438 of the CrPC, apprehending their arrest, the petitioners, namely, (i) Sri Narayan Das , son of Sri. Rajen Das, (ii) Sri Niju Das , (iii) Sri Rahul Das , son of Sri Narayan Das and (iv) Smti Songita Das , wife of Sri Narayan Das, all resident of village-Korotipar, P.O.-Gualgaon, P.S.-Garamur of District-Majuli are seeking prearrest bail in Garamur Police Station Case No. 21/2024 registered under Sections 294/325/354/34 IPC corresponding to G.R. No. 52/2024.
4. The Court by order dated 18.06.2024 granted interim bail to the petitioners in said Garamur P.S. Case No. 21/2024 with certain conditions and the petitioners’ interim bail was last extended on 08.08.2024 up to 13.09.2024 only .
5. When the matter was taken up for consideration on 20.09.2024, the petitioners remained un-represented and the Court fixed the matter today.
6. During the deliberation of the matter, Mr. B Sharma, learned APP, Assam, on instruction, has submitted that police after completion of the investigation of the case has already submitted Charge-Sheet in said Garamur P.S. Case No. 21/2024 vide Charge-Sheet No. 19/2024 dated 31.05.2024.
7. In view of the above, the petitioners are directed to appear before the appropriate
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forum/authority for their regular bail in said Garamur P.S. Case No. 21/2024 on or before 18.11.2024 .
8. With the above observation and direction, this pre-arrest bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the pre-arrest bail application can be disposed of once the charge-sheet is filed directing the petitioners to seek regular bail.
1 provisions across 1 enactments
NARAYAN DAS AND 3 ORS.
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
