The petitioner sought bail under Section 439 CrPC after 60 days of detention. The charge sheet had been filed. The High Court declined to decide the bail application, directing the petitioner to approach the trial court for consideration.
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GAHC010019882024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./317/2024
SORIF ALI @ SHARIF ALI
S/O JOYNAL ABDIN, R/O VILL-BUTABARI, P.S.-DHULA, DIST-DARRANG, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. RASHIDUL ISLAM
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 23.02.2024
Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
This is an application under Section 439 of the Code of Criminal Procedure praying for grant of bail to the accused/petitioner, who has been arrested in connection with Nagarbera P.S. Case No. 141/2023, under Sections 366/34 of the Indian Penal Code.
The case was fixed today for production of Case Diary; however, it is submitted by the learned Additional Public Prosecutor, Mr. P. Borthakur, that he has received a W.T. Message intimating that the I.O. has already filed ChargeSheet, vide Charge-Sheet No. 118/2023, dated 30.12.2023.
In this context, the learned counsel for the petitioner, Mr. R. Islam, has submitted that the accused/petitioner is behind the bar for last 60 days and considering his length of detention, he may be enlarged on bail.
Considering the submissions of learned counsels for both sides and also considering the fact that the I.O. has already filed Charge-Sheet, vide ChargeSheet No. 118/2023, dated 30.12.2023, I do not find it appropriate to pass any order on bail. However, the petitioner is at liberty to approach the learned Court
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below with an appropriate application for bail, which shall be considered by the learned Court below in accordance with law.
In terms of above, this bail application stands disposed of.
The W.T. Message submitted by the learned Additional Public Prosecutor be kept as a part of the record.
JUDGE
Comparing Assistant
1 issue framed by the court
Should bail be granted to the accused in a case involving offences under Sections 366/34 IPC at this stage?
2 provisions across 2 enactments
SORIF ALI @ SHARIF ALI
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
