Uma Kanta Chetia and Anr v. The State of Assam

ORDER

10.05.2024

Heard Mrs. R. Begum, learned counsel for the petitioners. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail the accused/petitioners, who is apprehending arrest in connection Lahowal P. S. Case No.14/2024 under Sections 326/307/506/34 of the Indian Penal Code.

Mr. Parasar, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No. 21/2024, dated 31.03.2024.

In this context, Mrs. Begum, learned counsel for the petitioner, submits that the present petitioners are already on interim pre-arrest bail and hence their interim protection may be extended so that they can appear before the learned Trial Court seeking 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-Sheet No. 21/2024, dated 31.03.2024, it is provided that the petitioners shall appear before the learned Court below within 10 (ten) days from today and on Page No.# 3/3 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/petitioners by this Court vide order dated 07.03.2024, shall remain extended for another 10 (ten) days from today, enabling the petitioners to appear before the learned Court below for filing fresh application for regular bail.

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

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010047022024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/585/2024o UMAoKANTAoCHETIAoANDoANRo S/OoSRIoDHIRENoCHETIA,oR/OoTIMONAoGAON,oP.S.-LAHOWAL,oDIST- DIBRUGARH,oASSAM,oPINoCODE-786010 2:oNABAJYOTIoCHETIA oS/OoSRIoDHIRENoCHETIA oR/OoTIMONAoGAON oP.S.-LAHOWAL oDIST-DIBRUGARH oASSAM oPINoCODE-78601o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMRoPoKATAKIo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA