Shamim Ahmed v. The State of Assam

ORDER

05.03.2024

Heard Mr. M. A. Choudhury, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State respondent.

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 praying for granting bail to the accused/petitioner namely Shamim Ahmed who is languishing in jail hazot since 06.10.2023 in connection with Badarpur P. S. Case No. 154/2022 under Sections 22(c)/25/29 of NDPS Act, 1985.

The case was listed today for production of the Case Diary before this Court, however, Mr. Gogoi, learned Additional Public Prosecutor has submitted that the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No. 22/2024, dated 29.02.2024. In this regard, Mr. Choudhury, learned counsel for the petitioner submits that they want to move an application for regular bail before the learned Trial Court and that the petitioner will appear before the learned Court below and will participate in the trial. Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet, vide Charge-Sheet No. 22/2024, dated

29.02.2024, it is provided that the petitioner shall appear before the learned Court below and on his appearance and on his filing a petition for grant of regular bail, the learned Court below shall consider the same in accordance with law.

In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010026052024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./387/2024o SHAMIMoAHMEDo S/OoSAIBURoRAHMANo R/OoVILL-oSHERALIPURo P.S.oBADARPURo DIST.oKARIMGANJ,oASSAM VERSUSo THEoSTATEoOFoASSAMo TOoBEoREP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oMoAoCHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA