Bail application under Section 439 Cr.P.C. for an accused woman detained about 48 days in connection with Barpeta PS Case No. 08/2024 under Sections 326/307 IPC, charge sheet having been filed. The Court declined to pass a bail order and permitted the accused to seek bail before the trial court.
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GAHC010028632024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./433/2024
SALIMON KHATUN D/O LATE KUDRAT ALI R/O VILL- DANGARKUCHI P.S. BARPETA, DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 26 .02. 2024
Heard Mr. A. Ahmed, learned counsel for the petitioner and KK Das, learned Addl. Public Prosecutor for the State respondent.
This is an application under Section 439 Cr.P.C. filed by the petitioner, praying for bail in connection with Barpeta PS Case No. 08/2024 under Sections 326/307 IPC.
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The case is fixed today for case diary. However, it is submitted by the learned Addl. PP that police has already submitted charge sheet vide C.S. No. 35/2024, dated 13.02.2024.
In this context, the learned counsel for the petitioner submits that the accsued is a woman and she is behind the bar for last 48 days. Considering the length of detention, she may be released on bail.
In view of the above, I do not find it appropriate to pass any order of bail. However, the accused is at liberty to file a fresh petition before the trial court seeking bail and in the event of filing such application, the same may be disposed of by the learned trial court in accordance with law.
With the above observations, the bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Should a woman accused detained 48 days in a Sections 326/307 IPC case be granted bail under Section 439 Cr.P.C. after filing of the charge sheet?
2 provisions across 2 enactments
SALIMON KHATUN
THE STATE OF ASSAM REP. BY THE PP, ASSAM
MITALI THAKURIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
