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Gauhati High Court

Almina Begum vs The State Of Assam on 1 February, 2022

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                   Page No.# 1/3

GAHC010015062022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Bail Appln./212/2022

            ALMINA BEGUM
            D/O ATOWAR RAHMAN
            R/O VILL- DATURI
            P.S. BIJNI
            DIST CHIRANG, BTAD, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE LD. PP, ASSAM



Advocate for the Petitioner   : MR. A R SHOME

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 01.02.2022 Heard Mr. A.R. Shome, learned counsel for the accused-petitioner and Ms. S. Jahan, learned Additional Public Prosecutor for the respondent State of Assam.

By this application under Section 439, Code of Criminal Procedure, 1973, Page No.# 2/3 the accused-petitioner viz. Almina Begum has prayed for his release on bail in connection with Sessions Case no. 195/2021, arising out of Howly Police Station Case no. 212/2021 Police Station Case no. 489/2021, registered for offences under Sections 420/489B/489C, Indian Penal Code [IPC].

The First Information Report in connection with Howly Police Station Case no. 212/2021 was registered on 09.04.2021 for offences under Sections 420/489B/489C, IPC. The accused-petitioner was arrested and was produced before the Court of learned Chief Judicial Magistrate, Barpeta on 09.04.2021 and since then the accused-petitioner is in custody. The Investigating Officer of the case after completion of investigation in connection with Howly Police Station Case no. 212/2021, submitted a charge sheet under Section 173, CrPC being Charge Sheet no. 193/2021 dated 30.06.2021 finding a prima facie case against the accused persons under Sections 420/489B/489C, IPC. After submission of the charge sheet, the case has been registered as Sessions Case no. 195/2021 and it is presently pending before the Court of learned Additional Sessions Judge, FTC, Barpeta. Charges were framed against the 3 [three] accused persons including the present accused-petitioner, under Sections 420/489B/489C, IPC on 26.11.2021 and thereafter, the trial had proceeded. In the course of the trial, a number of prosecution witnesses have already been examined. It has been observed by the Court of learned Additional Sessions Judge, FTC, Barpeta in its order dated 23.12.2021 that the stage of trial is almost at the end.

For consideration of the prayer for bail of the accused-petitioner at this stage, a perusal of the concerned case record of Sessions Case no. 195/2021 and the concerned case diary would be necessary.

Let the scanned copies of the case record of Sessions Case no. 195/2021 Page No.# 3/3 and the concerned case diary be requisitioned from the Court of learned Additional Sessions Judge, FTC, Barpeta.

List the case on 03.03.2022.

This order be brought to the notice of the Registrar [Judicial] for doing the needful to requisition the above case record and case diary through his office.

JUDGE Comparing Assistant