High Court Judge heard an anticipatory bail application. Bench extended existing interim pre-arrest bail for 10 days until regular bail could be sought before the trial court.
Interim pre-arrest bail extended for 10 days.
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GAHC010047022024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/585/2024
UMA KANTA CHETIA AND ANR
S/O SRI DHIREN CHETIA, R/O TIMONA GAON, P.S.-LAHOWAL, DISTDIBRUGARH, ASSAM, PIN CODE-786010
S/O SRI DHIREN CHETIA R/O TIMONA GAON P.S.-LAHOWAL DIST-DIBRUGARH ASSAM
PIN CODE-78601
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR P KATAKI
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER
10.05.2024
Heard Mrs. R. Begum, learned counsel for the petitioners. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.
This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail the accused/petitioners, who is apprehending arrest in connection Lahowal P. S. Case No.14/2024 under Sections 326/307/506/34 of the Indian Penal Code.
Mr. Parasar, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No. 21/2024, dated 31.03.2024.
In this context, Mrs. Begum, learned counsel for the petitioner, submits that the present petitioners are already on interim pre-arrest bail and hence their interim protection may be extended so that they can appear before the learned Trial Court seeking regular bail.
Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet, vide ChargeSheet No. 21/2024, dated 31.03.2024, it is provided that the petitioners shall appear before the learned Court below within 10 (ten) days from today and on
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their appearance and on their filing a petition for grant of regular bail, the learned Court below shall consider the same in accordance with law.
Till then, it is provided that the interim pre-arrest bail, granted to the accused/petitioners by this Court vide order dated 07.03.2024, shall remain extended for another 10 (ten) days from today, enabling the petitioners to appear before the learned Court below for filing fresh application for regular bail.
In terms of above, this anticipatory bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether interim pre-arrest bail granted earlier should be extended to enable appearance for regular bail after charge sheet filing.
1 provisions across 1 enactments
Uma Kanta Chetia and Anr
The State of Assam
Mitali Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
