Vikash Kumar Shaw v. The State of Assam

ORDER

30.04.2024

Heard Mr. A. Mena, learned counsel appearing on behalf of Mr. F. Khan, 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, 1973, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot in connection with Jalukbari P. S. Case No.53/2024 registered under Sections 302/34 of the Indian Penal Code.

Mr. Borthakur, 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. 117/2024, dated 12.04.2024 under Section 302/34 of IPC.

In this context, Mr. Mena, 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. 117/2024, dated 12.04.2024, it is provided that the petitioner shall Page No.# 3/3 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.#o1/3 GAHC010072582024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1023/2024o VIKASHoKUMARoSHAWo S/OoPREEMCHANDoSHAWo R/Oo12/6oHRISHIKESHoGOSHoLANE,oSAIKIA,oP.S.oGOLABARI,oDIST.o HOWRAHo(WESToBENGAL). VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oFIRUZoKHANo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA