Rafiqul Islam v. The State of Assam

ORDER Date : 02-05-2024 Heard Mr. U.U. Khan, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

¶2By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Rafiqul Islam has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Hatigaon Police Station Case no. 353/2023 registered for the offence under Section 379, Indian Penal Code [IPC].

¶3The allegation made in the First Information Report [FIR] lodged on 27.10.2023 by one Sheikh Humaiun Khaleed was to the effect that his Yamaha R-15 motorcycle bearing Page No. 2/2 Registration no. AS-01/ET-7517 was stolen. The petitioner was extended interim protection by an order dated 03.04.2024 dated 03.04.2024 with a direction to him to appear before the Investigating Officer [I.O.] of the case within 10 [ten] days from 03.04.2024. Mr. Khan, learned counsel for the petitioner has submitted that the petitioner appeared before the I.O. of the case within the time period of 10 [ten] days in compliance of the order dated

03.04.2024 and had, thereby, joined the investigation.

¶4Mr. Gogoi, learned Additional Public Prosecutor has submitted, on instruction, that the I.O. of the case after completion of investigation into Hatigaon Police Station Case no. 353/2023 has, in the meantime, submitted a charge-sheet under Section 173[2], CrPC vide Charge-Sheet no. 35/2024 dated 23.03.2024.

¶5As the petitioner was provided interim protection by order dated 03.04.2024 whereafter he joined the investigation 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 03.04.2024 shall be in effect till his 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 learned jurisdictional trial court will consider the same on its own merits and in accordance with law.

JUDGE Comparing Assistant

Page No. 1/2 GAHC010066652024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/857/2024 RAFIQUL ISLAM S/O RAHMAN ALI, R/O PART NO. 113, ASUDUBI, P.S.-KRISHNAI, DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY