Single judge disposed of a pre-arrest bail application under Section 482 BNS 2023/IPC. Noting the charge-sheet submission, the Court directed the petitioners to appear for regular bail while retaining interim bail. Case law not cited.
Disposed directing petnrs to appear for regular bail; retained interim bail until 14.11.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010169512024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2187/2024
ATINUR ISLAM AND 2 ORS S/O HAIDAR ALI
RESIDENT OF KISMAT HASDAHA PART IV, PS AND DIST DHUBRI, ASSAM
RESIDENT OF KISMAT HASDAHA PART IV PS AND DIST DHUBRI ASSAM
RESIDENT OF KISMAT HASDAHA PART IV PS AND DIST DHUBRI ASSA
VERSUS
THE STATE OF ASSAM REP BY THE PP ASSAM
Advocate for the Petitioner : T A LASKAR, SAMIM RAHMAN,MR S A BARBHUYAN,MR A W AMAN,MR SARFRAZ NAWAZ,MR. SURAJIT DAS
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
05/11/2024
Heard Ms. I Shome, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.
2. The petitioners, namely, (1) Atinur Islam, (2) Alamin Hoque @ Alamin Islam and (3) Monnaf Ali @ Abdul Motaleb , have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail apprehending their arrest in Dhubri P.S. Case No. 186/2024 registered under Sections 365/506/34 IPC corresponding to G.R. No. 603/2024.
3. The Court by order dated 21.08.2024, while calling for the case diary, granted interim bail to the petitioners, named above, in said Dhubri P.S. Case No. 186/2024, which has been extended till date (i.e., 05.11.2024) .
4. During the deliberation of the matter, Mr. Parashar, learned Additional Public Prosecutor, Assam on instruction submitted that police after completion of investigation of the case has already submitted charge-sheet in the said Dhubri P.S. Case No. 186/2024 vide Charge-Sheet No. 297/2024 dated 29.08.2024.
5. In view of the above, the petitioners are directed to appear before the appropriate forum/authority for their regular bail in said Dhubri P.S. Case No. 186/2024 corresponding to G.R. No. 603/2024 on or before 14.11.2024.
6. Till then (i.e., 14.11.2024), the petitioners shall remain on interim bail granted to them earlier on 21.08.2024 in said Dhubri P.S. Case No. 186/2024.
7. With the above observation and direction, this pre-arrest bail application stands disposed of.
JUDGE
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Comparing Assistant
2 issues framed by the court
Whether the pre-arrest bail application should be disposed of since the charge-sheet has been filed and regular bail must be pursued.
Whether interim bail granted earlier should continue pending appearance for regular bail.
2 provisions across 2 enactments
ATINUR ISLAM AND 2 ORS
THE STATE OF ASSAM
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
