Petitioner sought pre-arrest bail under Section 482 BNSS, 2023 apprehending arrest in a cattle preservation offence case at Gauripur PS. Investigation had concluded and charge-sheet was submitted, so interim bail granted earlier was continued briefly while directing him to seek regular bail.
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GAHC010143432024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1903/2024
HANIF ALI S/O ABDUL MOZID @ ABDUL ALI VILL- ALOMGANJ PART-4, P.S. GAURIPUR DIST. DHUBRI, ASSAM PIN-783339 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR A A DEWAN, MR H A RASHID,MR A MALEK,MR. A H MOLLAH
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
04-11-2024
Heard Mr. A. A. Dewan, learned counsel for the petitioner and Ms. S. H. Borah, learned Additional Public Prosecutor, Assam for the State.
2. The petitioner, namely, Hanif Ali , son of Abdul Mozid @ Abdul Ali, resident of village – Alomgang Part-4 under Gauripur Police Station of Dhubri District has filed this application under Section 482 of the BNSS, 2023 seeking pre-arrest bail apprehending his arrest in Gauripur P.S. Case No. 89/2024 corresponding to G.R. No. 298/2024 registered under Sections 13(1) of the Assam Cattle Preservation Act, 2021.
3. Earlier, the Court by order dated 25.07.2024, while calling for the case diary of said Gauripur P.S. Case No. 89/2024, granted interim bail to the petitioner, named above, in said Gauripur P.S. Case No. 89/2024, which was extended till date.
4. During the deliberation of the matter, Ms. S. H. Borah, learned Additional Public Prosecutor, Assam on instruction, submitted that police after completion of investigation of the case has already submitted the charge-sheet in said Gauripur P.S. Case No. 89/2024 vide Charge-Sheet No. 219/2024 dated 31.07.2024.
5. In view of the above, the petitioner is directed to appear before the appropriate forum/authority for his regular bail in said Gauripur P.S. Case No. 89/2024 corresponding to G.R. No. 298/2024 on or before 18.11.2024 .
6. Till then (i.e., 18.11.2024), the petitioner shall remain on interim bail
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granted to him earlier on 25.07.2024 in said Gauripur P.S. Case No. 89/2024.
7. With the above observation and direction, this pre-arrest bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail protection could continue for petitioner facing arrest under Gauripur P.S. Case No. 89/2024 after investigation concluded with charge-sheet submission.
2 provisions across 2 enactments
Hanif Ali
The State of Assam rep by the PP, Assam
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
