Gauhati High Court
Abu Sayed Anayetulla Laskar vs The State Of Assam on 27 September, 2019
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/2
GAHC010145872019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1662/2019
1:ABU SAYED ANAYETULLA LASKAR
S/O LATE ABDUL LATIF LASKAR, VILL-BOALIPAR PART-III, P.S. AND DIST-
HAILAKANDI (ASSAM)
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 27-09-2019 Heard Mr. HRA Choudhury, learned senior counsel for the accused-petitioner. Also heard Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State respondent a well as Mr. TJ Mahanta, learned senior counsel for the informant appearing through the learned Additional Public Prosecutor.
This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused- petitioner, namely, Abu Sayed Anayetulla Laskar, in connection with Hailakandi P.S. Case No. 35/2019 registered under Section 365 of the IPC added with Section 364(A)/302/201 of the IPC.
Page No.# 2/2 Perused the petition as well as the annexures furnished therewith.
It has been submitted by the learned senior counsel for the informant that vide order, dated 16.09.2019 charge inter alia under Sections 302/364A of the IPC has been framed against the accused-petitioner and the case has been posted for evidence on 30.09.2019. Since charge has been framed under very serious Sections of law, i.e., Sections 302/364A of the IPC, this court is of the view that it is within the domain of the learned court below to decide whether to continue the trial keeping the accused-petitioner in custody or to enlarge him on bail. However, if the case lingers for an inordinate period, then the petitioner is entitled to approach this court once again. In the meantime, the accused-petitioner shall appear before the learned court below with an appropriate application for bail, which the learned court below shall consider on its own merit. In the meantime, this court desires the learned trial court to fix day-to-day hearing of the matter.
With the above observations and directions, this petition stands disposed of.
JUDGE Comparing Assistant