Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 13 December, 2022
Page No.# 1/4
GAHC010185132022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2681/2022
RABIUL ALI AND 4 ORS.
S/O JAYAN ALI,
R/O KANHARA,
P.S.- CHHAYGAON,
DIST.- KAMRUP, ASSAM.
2: JAYAN ALI
S/O KURAN ALI
R/O KANHARA
P.S.- CHHAYGAON
DIST.- KAMRUP
ASSAM.
3: YAKUB ALI
S/O KOYED ALI
R/O KANHARA
P.S.- CHHAYGAON
DIST.- KAMRUP
ASSAM.
4: IDRISH ALI
S/O KOYED ALI
R/O KANHARA
P.S.- CHHAYGAON
DIST.- KAMRUP
Page No.# 2/4
ASSAM.
5: MAMTAJ BEGUM
W/O JAYAN ALI
R/O KANHARA
P.S.- CHHAYGAON
DIST.- KAMRUP
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY P.P., ASSAM.
Advocate for the Petitioner : MR F HAQUE
Advocate for the Respondent : PP, ASSAM
Page No.# 3/4
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
13.12.2022 Heard Mr. F. Haque, learned counsel for the applicants. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.
This is an application under Section 438 of the Code of Criminal Procedure, for grant of pre-arrest bail to the accused applicants, who are apprehending arrest in connection with Chhaygaon P.S. Case No. 532/2022, under Section 457/354(A)/354(B)/325/34 of the Indian Penal Code.
Mr. P. Borthakur, learned Additional Public Prosecutor, submits that though the case was fixed today for production of the Case Diary before this Court, yet the case has already been Charge-Sheeted, vide Charge-Sheet No. 404/2022, dated 26.09.2022.
In this context, Mr. F. Haque, learned counsel for the applicants, submits that the present applicants are already on interim pre-arrest bail and hence some time may be given to the applicants so that they can appear before the learned Trial Court for 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 Charge-
Page No.# 4/4 Sheet No. 404/2022, dated 26.09.2022, it is provided that the applicants shall appear before the learned Court below and on their appearance and on their 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/applicants by this Court vide order dated 14.09.2022, shall remain extended for another 15 (fifteen) days from today, enabling the applicants to appear before the learned Court below for filing fresh bail application for regular bail.
In terms of above, this anticipatory bail application stands disposed of.
JUDGE Comparing Assistant