Sorif Ali @ Sharif Ali v. The State of Assam

ORDER Date : 23.02.2024

Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 439 of the Code of Criminal Procedure praying for grant of bail to the accused/petitioner, who has been arrested in connection with Nagarbera P.S. Case No. 141/2023, under Sections 366/34 of the Indian Penal Code.

The case was fixed today for production of Case Diary; however, it is submitted by the learned Additional Public Prosecutor, Mr. P. Borthakur, that he has received a W.T. Message intimating that the I.O. has already filed Charge-Sheet, vide Charge-Sheet No. 118/2023, dated 30.12.2023.

In this context, the learned counsel for the petitioner, Mr. R. Islam, has submitted that the accused/petitioner is behind the bar for last 60 days and considering his length of detention, he may be enlarged on bail.

Considering the submissions of learned counsels for both sides and also considering the fact that the I.O. has already filed Charge-Sheet, vide Charge-Sheet No. 118/2023, dated 30.12.2023, I do not find it appropriate to pass any order on bail. However, the petitioner is at liberty to approach the learned Court Page No.# 3/3 below with an appropriate application for bail, which shall be considered by the learned Court below in accordance with law.

In terms of above, this bail application stands disposed of.

The W.T. Message submitted by the learned Additional Public Prosecutor be kept as a part of the record. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010019882024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./317/2024o SORIFoALIo@oSHARIFoALIo S/OoJOYNALoABDIN,oR/OoVILL-BUTABARI,oP.S.-DHULA,oDIST-DARRANG,o ASSAM VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oRASHIDULoISLAMo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA