Anticipatory bail application after charge-sheet submission; court declined regular bail, directed petitioner to surrender and apply for bail within 10 days, extending interim protection till then.
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GAHC010052042024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/668/2024
ABDUL KHALEK @ KHALEK ALI AND ANR S/O ANUWAR ALI @ ANAR ALI R/O VILL- KAHIKUCHI, P.O. TOPATOLI P.S. KHETRI DIST. KAMRUP (M), ASSAM PIN-782403 2: KHUDEJA BEGUM W/O ANUWAR ALI @ ANAR ALI R/O VILL- KAHIKUCHI P.O. TOPATOLI P.S. KHETRI DIST. KAMRUP (M) ASSAM PIN-78240 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
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ORDER
Date : 19.04.2024
Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State respondent.
The case was fixed today for case diary. It is submitted by the learned Additional Public Prosecutor that the case has already been charge-sheeted vide CS No.35/2024 dated 31.03.2024.
In this context, learned counsel for the petitioner has submitted that the present petitioner was on interim bail and accordingly he cooperated the I/O in further investigation of the case and therefore prays that he may be enlarged on pre-arrest bail.
In view of submitting charge-sheet in the present case, I do not find it proper to pass an order of bail. However, the present petitioner is directed to appear before the learned Court below within 10 days from today with proper application for bail which may be considered in accordance with law. Till then, interim order dated 14.03.2024 will be extended.
In view of the above, the anticipatory bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted after charge-sheet has been filed in the case.
Abdul Khalek @ Khalek Ali
Khudeja Begum
The State of Assam to be rep. by the PP, Assam
Mitali Thakuria
As recorded by the court registry
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