Gauhati High Court
Md Mizanur @ Mizanur Rahman vs The State Of Assam on 30 November, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010191332022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2775/2022
MD MIZANUR @ MIZANUR RAHMAN
S/O LATE INTAZ ALI
VILL- 2 NO. ISLAMPUR
P.S. BIHPURIA
DIST. LAKHIMPUR, ASSAM
PIN-787054
VERSUS
THE STATE OF ASSAM
TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A M AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 30-11-2022 Heard Mr. A.M. Ahmed, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, Page No.# 2/3 1973 [CrPC], the petitioner viz. Md. Mizanur @ Mizanur Rahman has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Bihpuria Police Station Case no. 156/2022 registered for offences punishable under Sections 120B/420/392, Indian Penal Code [IPC].
3. The petitioner was granted interim protection by an order dated 30.09.2022 with a further direction to him to appear before the Investigating Officer [I.O.] of the case within 7 [seven] days from 30.09.2022. In compliance of the said direction, the petitioner has appeared before the Investigating Officer [I.O.] of the case.
4. Mr. Sharma, learned Additional Public Prosecutor has submitted, on instructions, that after completion of investigation in connection with Bihpuria Police Station Case no. 156/2022, the Investigating Officer [I.O.] of the case has submitted a charge sheet under Section 173[2], CrPC vide Charge Sheet no. 213/2022 dated 29.11.2022.
5. As the petitioner has been granted interim protection by order dated 30.09.2022 whereafter he has joined the investigation by appearing before the Investigating Officer [I.O.] of the case and the charge sheet has been submitted after completion of investigation thereafter, this application preferred under Section 438, CrPC is closed providing that the benefit of pre-arrest bail under Section 438, CrPC granted in favour of the petitioner by order dated 30.09.2022 shall continue to be in effect till the petitioner's appearance before the learned jurisdictional trial Court on the date fixed for his appearance in the summons, served upon him, to be issued by the learned jurisdictional trial Court. It is observed that upon his such appearance before the learned jurisdictional trial Court, the petitioner will be at liberty to prefer an application seeking regular bail and in the event such an application is preferred by the petitioner, the Page No.# 3/3 learned jurisdictional trial Court will consider the same on its own merits and in accordance with law.
JUDGE Comparing Assistant