The court extended the petitioner's interim pre-arrest bail for ten days to enable him to appear before the trial court and file a regular bail application after the filing of the charge-sheet. The anticipatory bail application was disposed of with this extension.
Interim pre-arrest bail extended for 10 days.
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GAHC010068122024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/880/2024
IMDADUL HUSSAIN
S/O LT HAJI ALI ASHAD, VILL PUB BHUMURAGURI, P.O.- LALUNG GAON, P.S.-BATADRABA, DIST-NAGAON, ASSAM, PIN-782122
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR S BORTHAKUR
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER
08.05.2024
Heard Mr. P. H. Konwar, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.
This application under Section 438 of the Code of Criminal Procedure, 1973 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Moirabari P.S. Case No.23/2024 under Sections 420/376/365/511/384 of 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. 43/2024, dated 23.04.2024.
In this context, Mr. Konwar, learned counsel for the petitioner, submits that the present petitioner is already on interim pre-arrest bail and appeared before the IO and hence his interim protection may be extended so that he 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. 43/2024, dated 23.04.2024, it is provided that the petitioner shall appear before the learned Court below within 10 (ten) days from today and on
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his appearance and on his 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/petitioner by this Court vide order dated 04.04.2024, shall remain extended for another 10 (ten) days from today, enabling the petitioner 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 the interim pre-arrest bail granted to the petitioner should be extended pending the consideration of a regular bail application?
2 provisions across 2 enactments
IMDUL HUSSAIN
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
MITALI THAKURIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
